After the UK’s Supreme Court ruling on the legal definition of a woman, trans women held in custody by police in the UK will now be strip-searched by male officers, not female.

On 16 April, the UK Supreme Court ruled in a landmark case brought by gender-critical group For Women Scotland against the Scottish government that the the legal definition of a woman excludes trans women and the protected characteristic of ‘sex’ under the 2010 Equality Act refers to biology.

The ruling has already had wide-ranging implications for the trans and non-binary community, particularly in policies detailing single-sex spaces, inclusion and discrimination. Just weeks after the ruling, the Football Association, the England and Wales Cricket Board and the Scottish parliament announced bans on trans women in female spaces and women’s activities. 

After “reviewing the implications” of the legalities of the UK Supreme Court judgement, the National Police Chiefs’ Council (NPCC) – the governing body for law enforcement in the UK – has published interim guidance on searches of trans people, and searches carried out by trans police officers and staff. The NPCC has sent the guidance to every police force in the UK.

“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,” the Thursday (22 May) guidance reads. 

However, the NPCC also added that there may be “very limited exceptions considered” where someone could request to be searched by a police officer in their affirmed 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,” it explained.

Chief constable and NPCC chair Gavin Stephens 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.”

Stephens continued: “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.”

If this story has affected you, call Mindline Trans+ on Fridays 8 pm-11 pm on 0300 330 5468. For emotional support, Mindline is available 24/7 on 01823 276 892.

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