News Trans woman wins right to transfer to female jail after being held in male prison on suspicion of threatening to kill neighbour

Eliana Silver

Guest Reporter
A transgender woman has won a battle to be transferred to a female prison after being held in a male prison on suspicion of threatening to kill a neighbour.

Michelle James, 63, mounted habeas corpus proceeding after initially being detailed at Maghaberry Prison in Northern Ireland.



James was moved to Hydebank Wood detention facilities on Thursday after the Department of Justice conceded the application based on a lack of a policy for transgender individuals in custody.

Details have emerged as the retired chef was granted bail to return home.


A prison officer walking around a prison


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

Prosecuting councel Stephanie Boyd said James informed authorities that she was planning to use a knife on herself or a man living nearby due to ongoing conflicts between them.

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

James also allegedly stated "he will pay" while being arrested.

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Sean Doherty, the defence barrister, told the High Court that James had been living at the home since 2018 and initially got on well with the alleged victim, however claims tensions ensued after the neighbour used James’ birth name.

"She felt comfortable enough to confide in the complainant and tell him her story," Doherty 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 James phoned police "in desperation" and did not actually issue threats directly to the man.


Transgender protest


James’ solicitor Joseph Mulholland said that this case highlighted the absence of a clear policy for transgender people in custody in Northern Ireland.

He claimed this had caused “unnecessary delays and distress.”

Mulholland added: “It is imperative that this policy vacuum is addressed as a matter of urgency to ensure fair and appropriate treatment for all.”

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