Question
Can the Chief Constable provide clarity in relation to the approach the service would take in conducting a strip search of a child who identifies as trans or non-binary to ensure they are treated with dignity and respect.
Answer
In the context of the stopping and searching of a minor child who is (or may be) transgender, the following applies:
12. When establishing whether the person concerned should be treated as being male or female for the purposes of these searches and procedures, the following approach which is designed to minimise embarrassment and secure the person’s cooperation should be followed:
(1) If there is no doubt as to whether the person concerned should be treated as being male or female, they should be dealt with as being of that sex;
(2) If at any time (including during the search or carrying out the procedure) there is doubt as to whether the person should be treated, or continue to be treated, as being male or female;
(i) The person should be asked what gender they consider themselves to be. If they express a preference to be dealt with as a particular gender, they should be asked to indicate and confirm their preference by signing the officer’s notebook. Subject to (ii) below, the person should be treated according to their preference;
(ii) If there are grounds to doubt that the preference in (i) accurately reflects the person’s predominant lifestyle, for example, if they ask to be treated as a girl but documents and other information make it clear that they live predominantly as a boy, or vice versa, they should be treated according to what appears to be their predominant lifestyle and not their stated preference;
(iii) If the person is unwilling to express a preference as in (i) above, efforts should be made to determine their predominant lifestyle and they should be treated as such. For example, if they appear to live predominantly as a girl, they should be treated as being female; or
(iv) If none of the above apply, the person should be dealt with according to what reasonably appears to have been their sex as registered at birth.
The officers concerned should protect themselves against criticism or challenge by closely adhering to PACE and the stated UN Convention on the Rights of a child principles from which it is drawn. All other relevant statutory codes and legislation to minors continue to apply.
The legislation and statutory codes do not recognise those that identify as non-binary only male, female and trans individuals therefore searches are undertaken in accordance with said legislation and statutory codes.
Linda Dillon - Sinn Féin