A trans woman arrested on the UK railway will be stripped searched by male officers in the latest policy after a landmark Supreme Court decision.
British traffic police said same-sex searches in detention will be carried out “according to the biological birth sex of detainees” under the latest guidance from public agencies.
Under the previous policy of the unit, officers were said to be searched by officers who match the gender-certified certificate of detainees who were acquired.
The UK’s most superior court judge unanimously on Wednesday determined that the legal definition of women in the Equality Act 2010 does not include transgender women who hold gender recognition certificates.
A BTP spokesman said: “Under previous policies, we advised that people with gender recognition certificates may be searched according to their acquired gender.
“However, while digesting yesterday’s judgment, I advised officers on a temporary basis that same-sex searches will be conducted in accordance with the detainee’s biological birth sex.
“We are acknowledging the meaning of the judgment and will consider necessary updates to policies and practices that are in line with law and national guidance.”
This update comes during a legal battle between gender-critical campaigners and forces over guidance that will allow transgender officials to strip women.
This policy allowed trans women on staff to search closely for women as long as they had a gender identity certificate.
Maya Forster, CEO of Sex, a human rights charity, said:
“Even before the judgement, sexual issues argued that BTP’s policy was illegal. Male officers with gender identity certificates, that is, men with documents that are women, can make searches for female detainees, including strip searches.
“This policy is based on Translobby’s requirements and completely ignored the basic human rights of women. The female officers we interviewed told us that they were pressured to carry out a search for men who claim to be women, and that it would humiliate and degrade it.”
A BTP spokesman confirmed that a judicial review was ongoing and could not comment further. A sexual issue spokesman was approached for comment.
After criticism in January, the National Police Chiefs Council suspended similar guidance allowing trans women to search for women in close proximity.
The latest guidance from the public agency is expected to have a Supreme Court decision issued by the summer, the head of equality regulators said Thursday.
Kishwar Faulkner, chairman of the Commission on Equality and Human Rights, described the ruling as “very important.” She told the BBC Radio 4’s Today program:
She said it would “clearly” give trans women that they were unable to participate in women’s sports or use women’s only toilets and changing rooms, and said the NHS should update guidance on single sex wards based on biological sex.
Asked whether the Supreme Court decision was a “win of common sense,” she said:
“It’s not a victory over the increased number of unpleasant behavior towards trans people. We don’t tolerate it. We stand here to protect trans people like everyone else. So I want to make it very clear.”
