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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

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COWDENBEATH, SCOTLAND - MAY 25: General view of Police vehicles outside Cowdenbeath Police Station, on May 25, 2023 in Cowdenbeath, Scotland.  Earlier today, Scotland Police's outgoing Chief Constable Sir Iain Livingstone said the force is "institutionally racist and discriminatory," adding that the force is committed to leading "wider change and support wider change in society." The announcement comes amid an ongoing public inquiry into the death of Sheku Bayoh, a 31-year-old Black man who died in 2015 after he was restrained by police officers in Kirkcaldy. (Photo by Robert Perry/Getty Images)
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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