Judges are told they have the option to ban transgender defendants’ previous names from being reported or keep their court appearance secret.
The Judicial College’s 540-page ‘Equal Treatment Bench Book’ advises courts not to use gendered pronouns and language where it is possible. It also provides guidance on how to deal with transgender issues in court.
The document is produced by the Judicial College – responsible for training judges in county, Crown, and higher courts in England and Wales, and tribunal judges in England & Wales, Scotland and Northern Ireland.
It states that a person’s ‘gender at birth or their transgender history’ should not be disclosed unless it is ‘necessary and relevant to the particular legal proceedings’.
It continues with the guidance: “In rare instances where it becomes necessary to reveal a person’s transgender and previous names, the court may consider setting reporting restrictions or conducting a private hearing to stop the release of such information.
According to the Bench Book, section 22 of the Gender Recognition Act 2004 prohibits any disclosure of protected information if a person applies for or has obtained a Gender Recognition Certificate.
Although the act provides an exception for disclosures made in the course of proceeding before a tribunal or court, this exception “should be understood narrowly”, as the Bench Book says.
Lady Justice King, Chair of the College and Appeal Court Judge (pictured), said that the guidance was a “dynamic document” which serves as an important reference for courts.
The Judicial College produced the 540-page “Equal Treatment Bench Book” which advises courts to refrain from using gendered language, pronouns and pronouns wherever possible. It also provides guidelines for how courts should deal with trans issues. The book states that the disclosure of a person’s gender at birth and/or their transgender history should be avoided unless necessary or relevant to specific legal proceedings.
Its latest revision also advises courts to avoid using gendered language and pronouns where possible, The Times reports.
It also raises the scenario of an offender who has changed gender and their right to be referred to in court using their preferred pronoun.
This guidance states: “There might be circumstances where the rights to refer to a Trans person using pronouns matching their gender assign at birth, or otherly revealing a person’s trans status, conflict with the trans person’s right to privacy.”
The court stated that in rare cases where disclosures of a person’s transgender history or previous names are necessary, it may be possible for the court to impose reporting restrictions.
Lady Justice King is the chair of the college, and an Appeal Court judge. She said that the guidance has been used as a key reference by courts. They have been ‘admired’ and ‘encouraged’ around the world.
There are several suggestions by the college for neutral language. The college recommends that judges use the term “flight attendant” instead of “air hostess”, and “chair” instead of “chairman”.
“It’s important to respect someone’s gender identity through appropriate terms and addresses, names and pronouns. Everybody has the right of respect for their private and gender identities, as well as personal dignity’, it states.
It also said that the term “queer” is quickly becoming accepted as an umbrella term to describe those who aren’t narrowly heterosexual or not cisgender, i.e. they identify with their birth gender.
Stonewall states that queer is a term used to describe young people, especially those who are not identified with the traditional gender identification categories.
“It is also associated with various cultural movements and arts around the world and has even entered academic discourse.
‘Nevertheless [the term queer]It is considered to be derogatory by certain LGBT people, so it should not be used’.
The college said that in criminal cases involving violence against women, they objected to the use of the word ‘victim’ because it could imply helplessness and passivity. Some prefer to use the term’survivor’, which conveys resilience.