Summary
Trans Rights & Police Searches: What You Need to Know explains the rights of trans people being searched by the police.
Trans Rights & Police Searches: What You Need to Know
The National Police Chiefs’ Council (NPCC) released interim guidance in May 2025, regarding the searching of transgender detainees and the roles of transgender officers. TransLucent appreciates that police interactions can be a source of significant anxiety.
This new guidance aims to balance legal requirements under the Police and Criminal Evidence Act (PACE) with a commitment to treating the Trans community with fairness, dignity, and respect.
Here is a breakdown of what these interim measures mean for you and our community.
Your Rights as a Detainee
The police have an explicit duty to respect your Article 8 rights (the right to a private life) during any search. While PACE generally requires “more thorough” searches to be conducted by an officer of the same biological sex, there are now specific provisions for your lived gender.
- Expressing a Preference: If your lived gender differs from your biological sex, you can express a preference to be searched by an officer of your lived gender
- The Consent Process: For a search to proceed in accordance with your lived gender, written consent is required from you, the searching officer, and the authorising officer.
- Separate Area Searches: You have the right to request a “separate area search” based on your anatomical presentation. This involves one half of your body being searched by an officer of one biological sex and the other half by an officer of the other biological sex.
- Withdrawing Consent: You can retract your consent for a lived-gender search at any time. If you do, the search must then be completed by an officer of your biological sex.
Note: If you request a search by an officer of your lived gender but no willing officer is immediately available, you may be placed on constant watch until one is found. If a willing officer cannot be found within a reasonable time, the search will be completed by officers of your biological sex. However, in TransLucents’ view, this could give rise to claims under Article 8 at a later date.
Protections for Transgender Officers
The guidance also provides clarity and protection for transgender people working within the police force:
- Search Protocol: Transgender officers will generally conduct searches in line with their biological sex.
- Right to Opt-Out: Trans officers can be exempt from all search duties. The NPCC states there will be no career detriment for choosing this.
- No Forced Searches: A trans officer cannot be given a “lawful order” to conduct a search.
- Mutual Consent: A trans officer may search a trans detainee if they share the same biological sex[cite: 19, 20]. [cite_start]If their biological sexes are different, the search can only happen if both the officer and the detainee provide consent.
Establishing Sex for a Search
If the police cannot determine your sex, they are instructed to have a conversation with you to establish it for the purpose of the search. If you choose not to engage in that conversation, they will proceed based on your documentation or physical presentation until your sex can be established.
We remain committed to ensuring these interim measures are applied fairly. If you have questions about how these policies impact your rights, please reach out to us.
