She lost an appeal against her sentence, but a judge asked for consideration to be made about where she serves her sentence. She was originally sent to Bristol which holds around 600 male prisoners.
A petition to have her moved garnered more than 140,000 signatures, stating that she was placed at risk of sexual violence at Bristol.
She has since been transferred to HMP Eastwood Park, a women’s closed prison around 15 miles from Bristol in South Gloucestershire with approximately 350 prisoners.
She has had reconstructive surgery and lived as a woman all her adult life but is still legally a man, apparently not having had her birth certificate changed.
Llewelyn Sellick The Recorder of Bristol, said at the hearing at Bristol Crown Court that Hudson had a “worrying criminal record” which contained “numerous offences.”
“It is for the prison service and not the court to establish where a sentence should be served.”
She has eight previous convictions including offences for battery and had hoped for a less severe punishment but magistrates said the assault, which came three weeks after Hudson had been given a conditional discharge for a prior recent offence, was so serious that only custody could be justified.
A Prison Service spokesperson said: “It is longstanding policy to place offenders according to their legally recognised gender.”
“However, our guidelines allow room for discretion and in such cases, medical experts will review the circumstances in order to protect the emotional well being of the person concerned.
“Our top priority is the safety and welfare of those in our custody and decisions relating to the location of transgender prisoners are taken by a range of people including psychologists, healthcare professionals and prison staff.”
Last Friday, the make-up artist was jailed after she admitted headbutting a barman in Bath, causing damage to his teeth.
The guidelines for handling transgender prisoners, according to the Ministry of Justice website:
- Prisoners should be placed according to their gender “as recognised by UK law” – usually as stated on their birth certificate.
- If a person has obtained a “gender recognition certificate”, they will have a new birth certificate in their “acquired gender.”
- But the rules also say some transgender people will be “sufficiently advanced in the gender reassignment process” that they could be placed “in the estate of their acquired gender, even if the law does not yet recognise they are of their acquired gender.”
- Where issues arise, a “case conference” should be held to “review the prisoner’s individual circumstances and make a recommendation.”
Source: The Care and Management of Transsexual Prisoners, Ministry of Justice website.