Question

To ask His Majesty's Government under what circumstances a convicted criminal offender could obtain a gender recognition certificate while serving a sentence of imprisonment.

Each application for a Gender Recognition Certificate (GRC) is independently evaluated by the Gender Recognition Panel, underpinned by a range of required evidence. Certificates are only granted to those who meet the criteria, and not everyone who applies is granted one and circumstances are taken into account.

In order to be granted a GRC, an applicant must meet a high threshold of requirements:

• Be over 18
• Provide minimum of 2 years’ worth of evidence that they are living in their acquired gender
• Provide a medical report confirming a diagnosis of gender dysphoria from a UK doctor
• Provide a medical report countersigning the diagnosis of gender dysphoria from a psychiatrist or another doctor
• Provide a signed statutory declaration that the applicant intends to remain in their acquired gender until death.

There are safeguards in place to ensure that the relevant authorities can manage the risk posed by sex offenders. These include a requirement for registered sex offenders to notify the police of any changes to their personal information such as change of name. Furthermore, as previously stated, the police can require registered sex offenders to notify them of an intended change of name at least seven days in advance of using it. If a person with any criminal record were to obtain a GRC, this would not remove or invalidate past sentences served in their previous gender.

We continue to monitor these arrangements to ensure they safeguard the public.