Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what sentencing guidelines have been put in place to provide for the consideration of the specific needs of transgender people.

An HMPPS instruction (PSI 17/2016) advises Pre-sentence report (PSR) writers must consider requesting a full adjournment for the preparation of a PSR where a custodial sentence outcome appears likely, and an offender discloses that they are transgender, on the basis that transgender people may have more complex needs. This guidance is included in the Equal Treatment Bench Book chapter on transgender, published by the Judicial Office. Additionally, a local Transgender Case Board should be convened, either during pre-sentence report preparation or within three working days of reception into custody, to assess and determine the most appropriate location and initial care and management plan for the transgender individual in custody.

Regardless of where a transgender individual is being held, we expect that they will be respected and addressed in the gender with which they identify; and we are committed to ensuring that they are treated fairly, lawfully and decently.