New police search guidance following Supreme Court decision

The National Police Chiefs’ Council (NPCC) has published draft interim guidance on searches of members of the transgender community, as well as searches carried out by transgender police officers and staff.

It makes clear that thorough police searches, such as those which expose intimate body parts, should be carried out by police officers and staff of the same biological sex as the detained person.

There may be very limited exceptions considered where someone requests to be searched by an officer of their gender.

The guidance is explicit that 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, says the NPCC.

The guidance has been circulated to every police force in the country.

The interim guidance is based on legal advice and has been developed after seeking views across policing as well as those of other agencies.

It reflects working practice which already happens every day across policing, where officers and detainees make requests about searches for a multitude of reasons.

Chief Constable Gavin Stephens, chair of the NPCC, said: “Our aim has been to implement the Supreme Court judgment in a pragmatic and consistent way across policing.

“We have moved at pace to develop this interim guidance, as it is important that officers and staff have guidance on how searches should be conducted in light of the Supreme Court ruling.

“We are keen to work with the Home Office to consider the impact of the Supreme Court decision on legislation and help ensure there is consistency and clarity for policing and our partners.

“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.”