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Lord Blencathra's amendment, After Clause 164 (97ZA)

Police, Crime, Sentencing and Courts Act 2022

Report stage

Lead member

Lord Blencathra
Conservative, Life peer
Lords

Decision

Withdrawn
This amendment was withdrawn after debate and no decision was taken on it.

Amendment text

After Clause 164

Insert the following new Clause—

“Sex-specific incarceration for offenders

(1) Where a person who has undergone gender reassignment is serving a custodial sentence, that person is to be ordinarily treated with respect to housing on the prison estate by reference to their sex registered at birth.

(2) Where a person who has undergone gender reassignment is remanded in custody on suspicion of committing an offence, that person is to be ordinarily treated with respect to housing on the prison estate by reference to their sex registered at birth.

(3) Where the case-by-case assessment of a prisoner who has undergone gender reassignment determines that the prisoner should not be accommodated with prisoners of the same sex as registered at birth, separate accommodation must be provided to ensure that there is no access to or association with prisoners of the opposite sex as registered at birth.

(4) This section applies whether or not the person has a gender recognition certificate.

(5) Within 12 months of the passing of this Act the Secretary of State must ensure accommodation is available for the purposes of this section.”

Member’s explanatory statement

This amendment would provide that all prisoners should live in accommodation provided in consideration of both their sex registered at birth and their gender identity. Prisoners with the protected characteristic of gender reassignment will ordinarily be housed according to their sex as registered at birth. On a case-by-case basis, prisoners may be allocated to a specialist transgender unit, with no contact with prisoners whose sex registered at birth was the opposite of their own.

Sponsors

Lord Cormack
Conservative
Life peer
Lord Farmer
Conservative
Life peer