Judges and magistrates across the UK have been told not to use "preferred pronouns" for transgender offenders in violent or sex crime cases.
A warning from the Judicial Office cautions that the inappropriate use of preferred pronouns in such cases could create the appearance of bias - or suggest predetermined outcomes.
The guidance comes amid what officials describe as an "increasingly common" number of cases involving trans offenders committing violent or sexual crimes.
It specifically addresses cases where recognising a transgender offender's biological sex may affect the outcome of the case.
In these situations, judges are advised to be careful about pronoun usage to avoid appearing biased.
The guidance comes amid what officials describe as an 'increasingly common' number of cases involving trans offenders committing violent or sexual crimes (file photo)
PACampaigners have raised concerns about cases where biologically male defendants who committed sex attacks against women are being referred to as "she" in court proceedings.
The Judicial Office noted that while typically it should be unproblematic to refer to court participants however they wish, certain cases require more careful consideration.
Last September, Lexi Secker, a trans rapist sentenced to more than six years in a male prison, was referred to as "she" by police, a judge and barristers throughout a trial in Swindon.
Fiona McAnena, director of campaigns for Sex Matters, said at the time: "This person is a man. Why don't the police say so?
"Do they think they have to pretend, because he now says he's a woman, even though he has committed the ultimate male crime of rape?"
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Lexi Secker, a trans rapist sentenced to more than six years in a male prison, was referred to as 'she' by police, a judge and barristers (file photo)
GETTY"It is very concerning to see the police pandering to the feelings of trans-identifying males," she added.
The updated guidance in the Equal Treatment Bench Book suggests alternatives for judges in these sensitive cases.
"If possible, using the individual's name instead of a pronoun where these pronouns are contested, or alternatively, the gender-neutral pronoun of 'they', may help minimise offence," the guidance states.
This approach aims to balance respect for an individual's personal identification while "not giving it undue weight over the perceptions of others".
The alert emphasises that these considerations apply in "exceptional, but increasingly common judgments."
The alert follows a ruling in Scotland where Judge Sandy Kemp was forced to intervene over pronoun use in a high-profile employment tribunal.
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Sandie Peggie (pictured) was accused of misconduct for challenging the presence of Dr Beth Upton - who is a biological man who identifies as a woman - in female facilities at a hospital
PAThe case involved nurse Sandie Peggie, who was suspended after complaining about changing alongside Beth Upton, a male-born transgender doctor.
Judge Kemp ruled last month that Peggie was allowed to refer to Dr Upton as a man throughout the tribunal.
This was permitted as long as it was not done "offensively" or "gratuitously".
Since February last year, measures have been implemented to prevent trans women offenders from being housed in women's prisons if they have male genitalia.
The same restrictions apply to those who have committed sexual or violent crimes.
