Transgender people represent an aspect of diversity of which many officers have little or no experience. Transgender people must be treated with the same courtesy and are entitled to the same level of service as everyone else. The police service is committed to treating everyone fairly. This guide seeks to address the issues that might arise when encountering transgender people as service users. By being sensitive and attempting to deal with the issues in the way that the person wants, whilst achieving our lawful purpose, the police service demonstrates commitment to equality of treatment and human rights principles.
Transgender people can be uncomfortable in their birth gender (gender disphoria is the medical term for this condition). Some resolve this by undergoing reassignment surgery. Others live with the discomfort, and conform to the roles expected of them by society. Again, others live with two identities, one for work and one for less formal occasions. However a person deals with the discomfort of their birth gender, the issue is one of identity not sexuality.
Definitions
- The term transgender is an umbrella term which includes transsexual, transvestite and transgenderist people.
- A transsexual person believes that they do not belong in the gender assigned to them at birth. They suffer profound discomfort and wish to change, or are in the process of changing, to their chosen gender. Some Transsexual people will undergo hormone therapy to effect body changes, whilst others will take neither hormones nor undergo surgery. The choices that Transpeople make will be governed by a number of considerations, not least their suitability for major surgery.
- A Transvestite sometimes dresses in the clothing worn by people of the opposite gender. This is, in the majority of cases, an effort to explore the opposite side of their personality.
- A Transgenderist is, in effect, a transsexual person who, for various reasons of their own, will live as a member of the opposite gender without undergoing, or wishing to undergo, major surgery.
Transgender people may fear ridicule and victimisation from police officers/police staff. As a result they may not feel confident to report crimes and other incidents against them and may use third party reporting forms/sites. In addition they may not present themselves as witnesses. By treating all people with respect, recognising their rights to be individuals, we can build trust and confidence in the community. Victims and witnesses may come forward to assist the police as a result.
It is important to respect an individuals need for confidentiality many have no wish that others should be aware of their status. Often partners, families, neighbours, employers and colleagues are not aware of their situation, and the person could be greatly embarrassed if such information became known.
There are many groups and societies across the country which perform the role of social clubs and information centres for the community and should be borne in mind as support agencies should the need arise. For example, Beaumont society, Gender Trust and The Rubicon Society.
Going out in public in clothing of the opposite gender is not an offence, however, there is a high risk of suffering some form of abuse. Arresting the Transvestite/Transsexual in order to prevent a breach of the peace in this scenario should not be an option, however should an arrest be made for whatever reason certain directions should be followed.
The new transgender legislation once statute will make it a prohibition to disclose information about or the identity of any individual who has undergone a sex change. Police officers and Police staff may be vulnerable to claims if information is inadvertently disclosed to a third party. It should be noted that transsexual people living full time in their chosen role can change their documentation to reflect their new gender. The only document that cannot be changed in the UK at the moment is the UK birth certificate, this will change when the Gender Recognition Bill becomes law.
Consider:
- Transgenderism is an issue of identity NOT sexuality
- Transpeople should be treated as the gender they present. If in doubt, they should be asked their preference.
- The fact that a person is transgender should not be disclosed unless specifically relevant to that offence or incident. The transgender person must be consulted if disclosure is intended.
- Transphobia is a hate crime not a sex crime. Victims and witnesses are often reluctant to report incidents to the police, they must be reassured and their privacy respected.
- The majority of the trans community do not identify as being Gay, Lesbian or Bisexual.
- Trans people must always be accommodated in a cell or detention room on their own.
Searching transvestites and transsexuals and the requirements of the Police and Criminal Evidence Act, 1984 (PACE)
We must recognise that in carrying out some procedures, such as strip searching, there is also a requirement to be sensitive to the dignity of police officers called upon to perform the task. It should not be forgotten that in law, the sex of a person is that which was registered at the time of birth, a fact that remains unchanged regardless of any subsequent medical treatment or surgery. Experience has shown that where a person of doubtful gender is treated according to their preferred gender, they are more likely to be co-operative during the course of their dealings with police, for example as a witness to a crime or when being interviewed.
Code A. Paragraph 3.1 states: "Every reasonable effort must be made to reduce to the minimum the embarrassment that a person being searched may experience."
Code A. Paragraph 3.5 states that: "Any search involving the removal of more than an outer coat, jacket, gloves or headgear or footwear may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person specifically requests it. "
Code C. Annex A deals with strip searches. Paragraph 11 (a) (b) and (d) state that:
"The following procedures shall be observed when strip searches are conducted:
(a) a police officer carrying out a strip search must be of the same sex as the person searched;
(b) the search shall take place in an area where the person being searched cannot be seen by anyone who does not need to be present, nor by a member of the opposite sex (except an appropriate adult who has been specifically requested by the person being searched);
(c) the search shall be conducted with proper regard to the sensitivity and vulnerability of the person in these circumstances and every reasonable effort shall be made to secure the person's co-operation and minimise embarrassment.... "
There is a possibility that a technical breach of the codes may take place at Code C. Annex A. 11 (a) above where an officer present is the opposite gender to the person being searched (i.e. the sex shown on the Birth Certificate) and yet is the preferred gender by the subject. However if this action most appropriately takes into account the sensitivity of the subject and reduces their embarrassment, it is believed that such a breach of the codes can be shown to be justified and most unlikely to result in any subsequent exclusion of evidence under section 78 of PACE. However, any such action must be fully detailed in the custody record and the consent of the person to be searched recorded as to the preferred gender of the searching officer.
In dealing with such circumstances there is potential for conflict and embarrassment. It is also recognised that there is an opportunity for transvestites and transsexuals to attempt to "manipulate" their stated gender in an attempt to embarrass and discredit the Service. Sensible application of this guidance should minimise the risk of such action and protect officers.