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24
Apr
Supreme Court ruling: could North Yorks Police search policy change for transgender people?
North Yorkshire Police’s search policy could change following a landmark ruling by the UK Supreme Court.
Judges last week ruled the words "woman" and "sex" refer only to a biological woman and biological sex under the Equality Act 2010.
The 88-page ruling, which was read to the court last week, culminated a legal battle between campaign group For Women Scotland and the Scottish government.
For Women Scotland argued that sex-based protections should only apply to people born female, whereas the Scottish government felt transgender people with a gender recognition certificate (GRC) were entitled to the same protection as biological women.
The judges also stressed that trans people are still protected under the Equality Act against discrimination and harassment.
The ruling has proved hugely divisive; some have praised the clarity provided, but others have raised concerns over the safety of transgender people.
National media reported British Transport Police swiftly imposed an interim search policy in line with the new definition.
Under the interim policy, transgender people will now be searched by officers of the same biological sex.
This means a transgender woman – someone registered male at birth but identifies as a woman – would be searched by a biological male.
The British Transport Police said in a statement:
Under previous policy, we had advised that someone with a gender recognition certificate may be searched in accordance with their acquired sex.
However, as an interim position while we digest today's judgment, we have advised our officers that any same sex searches in custody are to be undertaken in accordance with the biological birth sex of the detainee.
'We will be reviewing our policies'
The Stray Ferret wanted to know if North Yorkshire Police would adopt the same policy.
We approached the force for comment, but a spokesperson advised us it follows the National Police Chiefs’ Council (NPCC) policies.
When the Stray Ferret contacted the NPCC, we were told it “cannot speak on behalf of North Yorkshire Police”.
However, Chief Constable Rachel Swann, chair of the National Police Chiefs’ Council’s diversity equality and inclusion committee, said:
I welcome the clarity that the decision at the Supreme Court has provided, and we will be reviewing our policies and procedures in accordance with the outcome.
We will need time to consider the full implications of the court’s decision, as will many other public bodies.
The Stray Ferret went back to North Yorkshire Police and asked for any further comment.
A spokesperson said the force’s position is “that of policing nationally”, which suggests it could change as national procedures are reviewed.
Rise in transgender hate crimes
The Stray Ferret recently revealed a steep increase in hate crimes committed against transgender people in North Yorkshire.
North Yorkshire Police published the figures taken between 2014 and 2024, which showed more than a 60% increase in transgender hate crimes over that decade.
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