By Gemma Fraser
Head of content
Guidance issued to police officers over searching transgender people “could result in confusion”, the head of the Scottish Police Federation has warned.
Police Scotland has issued ‘interim guidance’ – more than two months after the Supreme Court ruled that the legal definition of a woman is based on biological sex – which states officers will undertake all searches which involve the removal of more than a jacket, gloves, headgear, or footwear on the basis of biological sex.
But it adds that when someone whose lived gender differs from their biological sex asks 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”.
The guidance also states that a transgender detainee can ask for a separate area search based on ‘anatomical presentation’ – which means one half of their body will be searched by one officer, and the other half searched by a different officer.
David Kennedy, general secretary of the Scottish Police Federation (SPF), told 1919: “We are aware of the interim guidance issued by Police Scotland, which states that searches of transgender individuals will be based on biological sex, following the recent Supreme Court ruling.
“We are currently reviewing the implications of this guidance for our members. We will continue to monitor developments and will engage with Police Scotland as needed to ensure that the interests and welfare of our members are represented.
“The guidance in its current form could result in some confusion, however the law is the law, and police aren’t here to decide what’s good or bad in law, we are here to uphold the law without fear or favour.”
Police Scotland said that following the Supreme Court judgment 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”.
It has been working with its lawyers and an independent human rights advisor to review affected areas of operational policing, including search procedures.
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’s wider review into sex and gender is ongoing, with the force stating that further updates will be issued in due course.