The detainee has been in custody at the Alexander Maconochie Centre for three years. Photo: Michelle Kroll.
A judge has said while a detainee’s decision to begin transitioning from male to female when in custody is uncommon, it is not enough reason to justify a release on bail.
Such a process is, in fact, still available in Canberra’s jail.
The detainee, who Region has chosen not to name, was taken into custody in August 2022 and applied for bail again in the ACT Supreme Court nearly three years later, before Justice Verity McWilliam ultimately rejected their application last week.
They have faced numerous charges, including committing an act of indecency, assault, making a threat to kill and arson.
Two of the proceedings are awaiting determinations after judge-alone trials, as there is a question of whether they should be found not guilty by reason of mental impairment because they were diagnosed with schizophrenia.
The detainee represented themself in their Supreme Court bail application and had to prove there had been a change in their circumstances to be granted bail.
They said both their father and stepfather were very unwell, their stepmother was wheelchair-bound, their mental health was in a positive state and they were enrolled in a double degree in business and IT but could not complete it while in custody.
Justice McWilliam said an important reason why they were seeking bail was that they were in the process of transitioning while in custody from identifying as a male to identifying as a female.
“They were about to commence hormone replacement therapy and will be pursuing medical transition further,” she said in her published decision.
“They had received a recommendation that the process of transitioning occur not in prison, as those circumstances can adversely affect the outcome of the transition’s success.
“Understandably, they wanted a full opportunity to transition with the best care they could receive. This latest medical advice was also said to constitute a change in circumstances.”
Prosecutors opposed the bail application and Justice McWilliam ultimately found the above issues were not enough of a reason to grant bail, individually nor cumulatively.
“Even accepting that the desire to transition while in custody is an uncommon occurrence, it is not the case that the option is unavailable in custody,” she said.
“It is more that the preference would be for the process to occur in the community.
“The disparity between medical services available and likely better outcomes in the community versus those available in a custodial setting is, regrettably, a common experience.”
The application for bail was dismissed.
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