Trans police officers blocked from strip-searching biological women
Transgender police officers will no longer be able to strip-search people of a different biological sex to them.
Six forces across England had previously been accused of a lack of urgency in changing policies to ensure detainees should only be searched by an officer of the same sex in the wake of the landmark legal ruling on the definition of sex in April.
The constabularies of Merseyside, Sussex, Surrey and Northumbria, as well as the Metropolitan Police and the British Transport Police, previously allowed trans officers to search people if their gender matched the sex of the detainee.
This allowed biological male officers who identified as female and had a gender recognition certificate to strip-search women.
However, recent interim guidance issued by the National Police Chiefs' Council (NPCC) has now been sent to all police forces stating that strip searches 'must be conducted with officers of the same biological sex as the person being searched'.
This was based on legal advice following the Supreme Court ruling that found that sex is biological under the Equality Act.
Now, it has emerged that the six police forces have reversed their stance and are adopting the NPCC guidance.
The reversal has been hailed as a victory by women's rights campaigners who launched a legal challenge on this point.
'Forces have finally about-turned'
Maya Forstater, chief executive of human rights charity Sex Matters, said: 'The British Transport Police, the Met Police and several other forces have finally about-turned on strip-searching policies based on gender recognition certificates.
'They should never have considered a man with a £5 certificate based on a change of pronouns and a medical diagnosis of 'dysphoria' as suitable to strip-search women and girls.'
The NPCC guidance offers detainees who are transgender the ability to request to be searched by an officer who is of their gender, and not their biological sex.
A biological man who identifies as a female, for example, could request the strip-search to be performed by a female officer.
The NPCC guidance says that 'as far as operationally viable' this option will be provided to people whose 'lived-in gender is not the same as their biological sex'.
For these individuals who are being strip-searched by police, the guidance indicates that written consent from the detainee, the searching officer and the authorising officer will be needed.
In these instances, which the NPCC identifies as a rare occurrence, the officer will not be of the same sex as the detainee.
'Dangerous loophole'
Ms Forstater called the NPCC guidance, which allows opposite-sex strip-searching by 'consent', a 'dangerous loophole'.
'It leaves female officers exposed to pressure and coercion within the custody suite and when out on the beat.
'This is particularly concerning given the years in which trans lobby groups have trained forces across the UK to centre the demands of trans-identifying men and disregard women's rights and needs.
'The question remains: how has the ethical and legal position of police forces across the UK deteriorated to such a point that they are putting such immense effort into enabling something as sordid as opposite-sex strip-searching?'
Campaigners are now investigating if this is a breach of the law under the Police and Criminal Evidence Act 1984 (PACE). This ensured intimate searches would not be done by a person of the opposite sex.
Sex Matters believes this loophole for transgender detainees may be in breach of the law following the ruling of the Supreme Court case that defined sex under the Equality Act 2010.
Some female officers have anonymously raised concerns that if they were asked to strip-search a trans woman who has male genitalia they may feel unable to refuse the request for fear of being branded 'transphobic' or unprofessional.
'Nonsensical jumble'
The Police Federation called the suggested consensual regime for transgender detainees a 'wholly unworkable idea' and called the guidance a 'nonsensical jumble'.
'We believe that the only lawful option following the Supreme Court decision is to exempt transsexual officers from searching either biological sex and this should be the default situation for all transsexual officers,' it added.
All police forces have been approached for comment.
A National Police Chiefs' Council spokesman said: 'Those in policing and our communities would benefit from a clear and consistent position across the country in this complex and sensitive area.
'The guidance is explicit that officers will face no career detriment from declining to carry out searches, and any search not conducted in line with biological sex must have the written consent of the detainee, the officer carrying out the search as well as the authorising officer.
'The interim guidance is based on legal advice and has been developed after seeking views across policing as well as those of partners. It reflects working practice that already happens every day across policing, where officers and detainees make requests about searches for a multitude of reasons.
'We understand the depth of feeling there is on these issues, both among transgender communities, as well as those who hold gender-critical views. Policing remains committed to treating everyone with fairness, dignity and respect.'
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