TWEETS from KPSS on the mistakes made by Baroness Brinton
Keep Prisons Single Sex
@NoXYinXXprisons
Thoughts on Baroness Brinton's speech:
"The actual facts of what is happening with TW in prisons does not match the opening speech by the noble Lord, Lord Blencathra."
Brinton is mistaken. 1/
She quotes from the guidance that applies to prisoners with no GRC and falsely extends this to cover prisoners with a GRC. Thus she speaks of full risk ax, transgender case boards, decisions made on an individual basis, etc. However, this is for non-GRC holder only. 2/
A male prisoner with a GRC is NOT subject to any case board ax. There is automatic allocation to gen pop of female estate regardless of risk, conviction, offending history, anatomy. This gives instant access to GRC holders and is a reason why Amendment 214 focussed on GRC. 3/
Further any risk ax of GRC holders is inadequate because the risk ax tool used for adult men convicted of sexual offences cannot be used with GRC holders, because they are now women. Even if the tool was used the day before the GRC was issued. 4/
Even if convicted of very serious sexual offences. There is no comparable risk ax tool for use with women. This is a loophole in risk ax and means that the risk ax of this cohort of prisoners is inadequate. 5/
Brinton made much of the small numbers of sexual assaults women in prison have suffered due to these policies. That is a depressingly low bar to acceptability. Further, GRC holders are recorded as women in incident reporting: any assaults this cohort commits will be hidden. 6/
Indeed, how many of the 90 sexual assaults she reports were committed by 'cis women' were committed by GRC holders? Data collection practices means the MoJ does not know and neither does she. 7/
Small numbers are again advanced as a reason to throw out Amendment 214. It's only a few, so what's the problem? Based on 2019 data & evidence from defence in R (FDJ) v SSJ we estimate up to 20 males. This is small. But it's enough for at least 1 or 2 in each women's prison.
We know from prisoner reports that the addition of a single male can have a significant negative impact on the women held on that wing. Also consider the psychological impact of knowing that at any time a male prisoner, including 1 convicted of sexual & violent offences
and/or with intact male genitalia could be transferred to your wing. These women cannot choose to leave & use facilities that remain single-sex. They are stuck.
A male with a GRC can only be removed to the male estate if that same decision would also be made for a biologically female prisoner. Firstly, we do not know of cases where this has happened. There is an overriding commitment to retaining GRC holders in the female estate &
in the general population. Making the decision equivalent between female prisoners and males with a GRC also ignores that biological sex is an important risk factor throughout the CJS: again, we are told we should ignore the importance of biological sex.
Final thought: "there are also a small number of transgender prison units." Really?? Where?? (Other than Downview, which for very many reasons is not an acceptable solution.) END