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Police Scotland Implements Sex-Based Search Guidance for Transgender Suspects

Following a Supreme Court decision defining woman by biological sex, the policy sets strict procedures for transgender suspects seeking searches by officers matching their gender identity

Overview

  • All strip searches requiring removal beyond outer garments must be conducted by officers of the detainee’s biological sex, with transgender individuals able to request officers of their lived gender
  • Transgender suspects can ask for a “separate area search,” splitting their body between male and female officers, provided written consent is given by the suspect, searching officer, and an authorising inspector or above
  • Assistant Chief Constable Catriona Paton says the interim rules balance legal duties under the Equality Act with respect for personal dignity and recognise operational limitations
  • For Women Scotland and policy experts warn the guidance could coerce female officers into searching male transgender suspects and may conflict with the Supreme Court’s ruling
  • The Scottish Police Federation encourages officers who feel pressured to report concerns and notes the Scottish Government’s working group is preparing new Equality and Human Rights Commission advice on single-sex services