Police Gender Reassignment Policies (FOI)

Request

A

A copy of the States of Jersey Police's policy relating to officers / staff undergoing gender reassignment.

B

A copy of the States of Jersey Police's policy relating to trans officers / staff searching - specifically, does your force require an officer who has transitioned to obtain a Gender Recognition Certificate (GRC) in order to search according to their 'acquired gender', or are they permitted to search according to their 'acquired gender' irrespective of GRC status?

C

Are either of these polices provided to potential recruits of the States of Jersey Police's?

Response

A

The information requested is available by other means. The States of Jersey Police follow the NPCC (National Police Chiefs Council) UK national policies which can be found using an internet search “Trans guidance for police”. These policies are available to all police staff on our internal police intranet document library.

The policies include the ‘Trans Toolkit Glossary’, ‘Trans Toolkit Guidance: Individual’ and ‘Trans Toolkit Guidance: Manager’.

B

Jersey law does not include the UK revision to the Police and Criminal Evidence Act 1984. Annex L. (see below) However, the States of Jersey Police trains officers to the same principles in Annex L. Jersey does have Gender Recognition Certificates although police do not make any specific requirement for one to be produced when searching individuals. Officer training concentrates on speaking to the individual with dignity and respect to establish how they wish to be identified and thereafter work towards fulfilling that request.

Police and Criminal Evidence Act 1984. Annex L (UK legislation only)

4. When establishing whether the person concerned should be treated as being male or female for the purposes of these searches, procedures and requirements, the following approach which is designed to maintain their dignity, minimise embarrassment and secure their co-operation should be followed:

(a) The person must not be asked whether they have a GRC (see paragraph 8);

(b) If there is no doubt as to as to whether the person concerned should be treated as being male or female, they should be dealt with as being of that sex.

(c) If at any time (including during the search or carrying out the procedure or requirement) there is doubt as to whether the person should be treated, or continue to be treated, as being male or female:

(i) the person should be asked what gender they consider themselves to be. If they express a preference to be dealt with as a particular gender, they should be asked to indicate and confirm their preference by signing the custody record or, if a custody record has not been opened, the search record or the officer’s notebook. Subject to (ii) below, the person should be treated according to their preference

(ii) if there are grounds to doubt that the preference in (i) accurately reflects the person’s predominant lifestyle, for example, if they ask to be treated as a woman but documents and other information make it clear that they live predominantly as a man, or vice versa, they should be treated according to what appears to be their predominant lifestyle and not their stated preference;

(iii) If the person is unwilling to express a preference as in (i) above, efforts should be made to determine their predominant lifestyle and they should be treated as such. For example, if they appear to live predominantly as a woman, they should be treated as being female;

C

 All recruits are provided with training and access to our intranet library containing our multiple policies and procedures. All States of Jersey Police officers receive input/ training from Liberate and difera.

Article applied:

Article 23 Information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for the information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.