Skip to content

Transgender woman wins court case for transfer to female prison

PA Media A brown door with an insignia. On the top of the door the words 'The Royal Courts of Justice'PA Media
Michelle James was transferred after the Department of Justice accepted there was a lack of policy for transgender prisoners

A transgender woman won a High Court case to be transferred to Northern Ireland's female prison while being held on charges of threatening to kill her neighbour, it has emerged.

Michelle James, 63, was moved from Maghaberry Prison to Hydebank Wood on Thursday after taking court proceedings.

The move happened after the Department of Justice accepted there was a lack of policy in place for transgender prisoners and consented to the transfer.

Details emerged in court as Ms James, of Main Road in Cloughey, was granted bail to return to her home address on Friday.

Michael Cooper The perimeter fencing at Hydebank with a road running alongside it with trees throughout the site and a compound behind the wire Michael Cooper
Hydebank Wood holds about 150 women and young men across two premises

The retired chef faces a charge of threats to kill in connection with an incident earlier this month.

Prosecuting counsel Stephanie Boyd said Ms James informed police that called to the scene that she was planning to use a knife on either herself or a man living nearby due to ongoing issues between them.

"She said she would stab the neighbour and feel happy about it," Mrs Boyd submitted.

'Referred to her dead name'

Defence barrister Sean Doherty told the court Ms James initially got on well with the alleged victim.

"She felt comfortable enough to confide in the complainant and tell him her story," he said.

"However, her confidence was betrayed and she was (allegedly) subjected to bullying by the neighbour who referred to her by her birth name, what she calls her dead name."

The barrister argued that Ms James phoned police "in desperation" and at no stage ever issued any threats directly to the man.

Mr Doherty said she was initially remanded in custody at Maghaberry before proceedings were brought earlier this week to secure the prison switch.

With Ms James seeking permission to return to her home address, Mr Doherty insisted it would be disproportionate to keep her in custody on the charges.

Mr Justice Shaw agreed to release her on bail under a strict order not to contact the complainant.

Speaking outside the court, Ms James' solicitor Joseph Mulholland said the policy gap on transgender people in custody "has caused unnecessary delays and distress".

"It is imperative that this policy vacuum is addressed as a matter of urgency to ensure fair and appropriate treatment for all."

BBC News NI has contacted the Department of Justice for comment.