Thread by @fairplaywomen

#womensprisonJR

Case begins
Claimants barrister - Karon Monaghan QC
Sets out the laws relating to the case - EA2010 and GRA2004
/1

Next KM explains the prison statistics in relation to women and transwomen. /2

KM reads out trans prison statistics- including many of the figures from the @fairplaywomen witness statement.
/3

KM highlighting issues associated with poor data collection by prison authorities /4

KM: cohort of trans prisoners with a disproportionate number of sex convictions. And a previous history of sex offending is a predictor of repeat offending /4

KM: Witness statement for the defence (Dr Lamble) questions reliability of the trans criminality figures but statement from Prof Phoenix disputes that. /5

Lamble statement says we don't know total number of transwomen in prison because many don't declare their trans status. Prof P disputes that because its the known TW population that matters and we know half are sex offenders. /6

Confusion over trans prison numbers - mainly because of the very bad data collection by HMPPS /7

Judges realising that MOJ do not count the number of transwomen with a GRC. This is significant /8

Claimant and one other female prisoner say they were sexually assaulted by a transwomen with a GRC. This transwomen later turned up in the trans unit at Downview /9

KM explains how a transwomen with a GRC will be located into female prison by default /10

.....and that transwomen without can request to be moved - and permitted on a discretionary basis /11

KM discusses Karon White and stakeholder discussions that followed, including Richard Garside and Nicola Williams present. States how we made clear that psychological impact on women of sharing with a trans sex offender has not been given due regard /12

Garside witness statement read out to reveal that in the stakeholder meeting of 2nd May the MOJ did not think the single sex exceptions applied in prison accommodation /13

Nicola Williams first witness statement (attending the MOJ meeting) read out: Key issues raised by NW were that MOJ only considered impact on female prisoners related to physical safety only, no consideration of mental trauma associated with sharing with trans sex offenders /14

Evidence that MOJ was telling stakeholders in May 2019 that single sex exceptions DON'T apply in prisons. NW and RG disputed that in meeting. MOJ later found hold a different view in its evidence to court. /15

The inference here is that policy was formulated under the incorrect assumption that single sex exceptions couldn't be applied in prison /16

The transgender prison policy makes no reference to application of single sex exceptions /17

KM discusses how Minister was asked to accept the draft policy recommendation before the May stakeholder meeting. This was *before* MOJ policy makers realised single sex exceptions CAN be used in prion. /18

The new policy enables no discretion when placing transwomen with a GRC in female estate. This is despite the fact that single-sex exception could be lawfully applied /19

KM: The minister 'cleared' the trans policy in March 2019. This was before MOJ policy makers were alerted by NW/RG to the fact that single-sex exceptions could apply in prison. /20

Redactions in ministerial statement means we don't know if minister was ever told that single sex exceptions can apply and could be an alternative policy choice /21.

Judge asking about where a transwomen convicted of rape with a GRC would be taken straight after sentencing. The policy says must be female - no discretion. KM argues that this policy allows no proportionality test. Therefore no ability to apply single sex exceptions /22

KM: Risk assessment recognises 'anatomy' as relevant. Nevertheless there is no discretion about whether a transwomen with a GRC being initially located in the women's estate - irrespective of anatomy /23

Justice Holroyde asking for more discussion on the single-sex exceptions. /24

Ended. Reconvene in the morning /25