Strip searches are among the most intrusive powers available to the police – I completely agree that women undergoing one must feel incredibly vulnerable. The welfare and dignity of women in police custody is paramount and when searches are deemed necessary, their use must be respectful, fair and fully in line with the law.
The Police and Criminal Evidence Act 1984 (PACE) is clear that all searches in police custody, including strip searches, as well as any search undertaken under stop and search powers, involving the removal of more than the outer jacket and certain other garments, must be conducted by an officer of the same sex as the detainee.
I am aware that Chief Constables are responsible for providing operational guidance on the deployment of transgender officers and staff to duties such as searches to which same-sex restrictions apply. The Home Office has said that while respecting the operational independence of the police, it expects Chief Constables to ensure that their force policies comply with all legal obligations, including under PACE and the Equalities Act 2010.
I contacted the Office of the Sussex Police and Crime Commissioner on behalf of my constituents and received this reply which I am sharing with you:
“We understand that a review of the guidance is currently underway and as such, the NPCC has made the decision to remove the guidance from their website until the review is completed.
In terms of Sussex Police, they currently follow the Police and Criminal Evidence Act 1984 (PACE) – Code C Revised Code of Practice for the detention, treatment and questioning of persons by Police Officers which you can find here.”
The Government is extremely clear that it expects the police to make every effort to ensure the safety, welfare and dignity of women in custody. More generally, the Government is committed to doing everything it can to protect vulnerable women and girls, and to keep communities safe.
I will continue to follow developments on this issue closely and I am grateful to you for bringing it to my attention.
