https://insidetime.org/women-face-punishment-for-using-wrong-pronouns/
Women prisoners who call transgender prisoners by the wrong pronoun could be punished with time added on to their sentence, the Government has warned.
Deliberately referring to a trans woman as “he” or “him” may be treated as breaching a prison rule against “using threatening, abusive or insulting words or behaviour” and could be brought before an Independent Adjudicator – a visiting judge – who has the power to award added days.
The threat will fuel a debate over the policy of holding male-to-female transgender prisoners in women’s jails. In 2019 there were 34 transgender women who were still legally male detained at the 12 women’s prisons in England and Wales.
The punishment warning was sounded by Justice Minister Lord Wolfson of Tredegar QC, who said: “Incidents where a prisoner uses incorrect pronouns for another prisoner will be considered on a case-by-case basis, in line with the Prisoner Discipline Procedures policy and the Prison Rules.
“Prisoners may sometimes make an honest mistake in relation to pronouns and disciplinary action would not usually be appropriate in those circumstances. However, if an officer deems it appropriate to place a prisoner on report, the rule against ‘using threatening, abusive or insulting words or behaviour’ – Prison Rule 51(20) – may apply.
“The adjudicator will weigh each incident on its own merits. The policy stipulates that an offence motivated by another person’s protected characteristic(s) under the Equality Act 2010 is an aggravating factor and may merit referral to an Independent Adjudicator.”
Official guidelines state that disciplinary cases are normally heard by a prison governor, and are only referred to an Independent Adjudicator where there is the possibility of days being added on to the sentence – which is the most severe punishment available.
Under Prison Service policy, any prisoner who has legally changed their gender, and been granted a Gender Recognition Certificate (GRC) to prove it, will automatically be sent to a jail appropriate to their new gender. A prisoner who identifies as the opposite sex but does not have a GRC will initially go a prison for their old, legally-recognised gender, but may later move between the male and female estates following a case-by-case assessment. This summer the High Court upheld the policy, dismissing a claim from a female prisoner that it placed her at risk to be detained with fellow prisoners who were still biologically male.
Lord Wolfson added: “The Ministry of Justice and Her Majesty’s Prison and Probation Service are committed to advancing equality, eliminating discrimination, harassment and victimisation (including based on someone’s religion or belief, or gender reassignment status, as defined in sections 7 and 10 of the Equality Act 2010) … As part of this, we ensure that all prisoners are treated fairly and in a way that respects their rights, and encourage them to act in a way that is respectful and considerate of others.”