The Crown Prosecution Service’s approach to transgenderism

Legally inaccurate and ideologically captured

November 5, 2023

Our new report demonstrates how the CPS, which should be impartial, is heavily influenced by partisan and heavily ideological beliefs about gender identity.

Annex D of the updated CPS guidance gives examples of “how trans and non-binary people may be abused by intimate partners or family members”. The report examines the problems with the content of Annex D and briefly outlines the criminal law as it relates to domestic abuse, and how this guidance has been produced as a result of ideological capture within the CPS.

The law places no obligations on spouses and partners to financially or otherwise support a partner’s transgender identity. But despite this, Annex D of the CPS’ legal guidance on domestic abuse follows ‘Stonewall law’ – not the actual law itself.

While the CPS ceased formal relations with Stonewall in 2021, it is clear their influence remains, as Annex D of the CPS Legal Guidance on domestic abuse demonstrates.

The report also discusses other examples of where CPS documents clearly rooted in gender identity theory, which misstate the law. This includes the CPS’ proposed legal guidance on sexual offences involving ‘deception as to gender’, in relation to which the CPS opened a consultation In September 2022. This report updates Policy Exchange’s reportTransgenderism and policy capture in the criminal justice system (2022).

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Maureen O'Hara

Senior Fellow

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