A man identifying as a woman has been transferred to a women’s prison in Northern Ireland after a legal challenge.
Known as Michelle James, the 63-year-old was detained by police in December after threatening to kill a neighbour who allegedly bullied James and used his birth name.
Initially held in Maghaberry Prison, which is exclusively for men, James was transferred to Hydebank Wood, which has a women’s section. After a brief stay, he was granted bail to return home on the condition of not contacting the complainant.
Lack of policy
The Department of Justice approved the transfer after acknowledging there was no policy in place for prisoners claiming to be the opposite sex.
Joseph Mulholland, James’ solicitor, argued that the lack of a policy “caused unnecessary delays and distress” to his client.
He added: “It is imperative that this policy vacuum is addressed as a matter of urgency to ensure fair and appropriate treatment for all.”
Safety and security
In the US last month, transgender prisoner Bryan Kim complained at being transferred to a male prison after having sex with a female cellmate.
Kim was given a life sentence in 2008 after murdering his parents and stealing money from their account. He has received medical and surgical ‘sex-change’ treatment while imprisoned in Washington state.
The Washington State Department of Corrections has a policy which states that such transfers may occur “due to documented, objective safety and security concerns”.
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