Police Scotland issues interim transgender search guidance
Interim guidance around searching of transgender persons and searching by transgender officers and staff has been issued by Police Scotland.
The guidance has been developed in response to the UK Supreme Court judgment that the terms ‘man’, ‘woman’, and ‘sex’ in the Equality Act 2010, refer to biological sex, ie, the sex of a person at birth.
Following the judgment, Police Scotland said it must ensure that it is acting in line with its duties under the Equality Act and the Human Rights Act, and that officers and staff feel confident that they are conducting searches lawfully.
As part of this work it has been reviewing affected areas of operational policing, including the procedure for conducting certain kinds of searches, to provide clarity to officers and communities.
The guidance, issued on Wednesday (June 25), states that officers and staff will undertake all searches whether in custody or as part of a stop and search interaction, which involve the removal of more than a jacket, gloves, headgear or footwear, on the basis of biological sex.
The guidance also states that when an individual, whose lived gender differs from their biological sex is subject to search and requests to be searched by an officer of their lived gender, efforts will be made to ensure an appropriate officer conducts the search, where this is operationally viable to do so.
In these circumstances written consent will be required from the authorising officer (inspector rank or above), the person to be searched, and the officer(s) conducting the search, said Police Scotland.
It added: “The guidance has been developed following extensive advice from our legal team and independent Human Rights Adviser, Jane Gordon, as well as engagement with relevant business areas, staff associations, trade unions, the Scottish government and other key partners.”
Assistant Chief Constable Catriona Paton said: “This is a complex and important area of policing and searching members of the public is a significant intrusion of their personal liberty and privacy.
“It is critical that as an organisation, Police Scotland continues to fulfil its legal duties as well as ensuring officers and staff feel confident that they are conducting searches lawfully.
“While the guidance will bring clarity to both our colleagues and members of the public, we are acutely aware of the impact and depth of feeling around this issue, both among the transgender community and those who hold gender critical views.
“Our priority continues to be ensuring that in all our interactions we police and make decisions in line with our service values of integrity, fairness, respect and upholding human rights.”
Police Scotland said the interim guidance will be kept under review, with ongoing legal advice and engagement with key stakeholders, as it awaits the publication of revised national guidance around this issue.
Its wider review into sex and gender is ongoing and further updates are expected to be issued in due course.