States of Jersey Police Transgender Guidance

​​​​​​​Request ​757741270

The UK Supreme Court ruled on 16 April 2025 to clarify that the definition of sex in the Equality Act (2010) means biological sex.

In June 2025, the Jersey and Guernsey Law Review published an article concluding that Jersey should be applying the UK Supreme Court ruling here. 

This is a significant and important development with far-reaching consequences for Jersey policy and practice. 

I have contacted all Jersey government departments with guidance which currently does not comply with the UK Supreme Court. One has already responded confirming that their guidance has been updated to reflect the UK Supreme Court ruling on the basis of advice from the Law Officers’ Department. 

The Guidance: “States of Jersey Police Transgender Guidance” (January 2024) is non-compliant with the law. This includes but is not limited to the following: 

1. Use of facilities based on gender identity (Page 14, “Facilities”; Page 21, “Section: Things to Consider - Facilities”). 

2. Language and pronouns (Page 14, “What Language Should I Use”; Page 21, “Addressing Individuals”) 

3. Searching and PACE compliance (Page 23, “Searching”): Search policies prioritizing acquired gender conflict with EA 2010’s biological sex requirement. 

4. Records and GRC interpretation (Page 22, “IT Systems and Records”): Updating records to reflect acquired gender may conflict with EA 2010 for sex-based obligations (e.g., pensions, vetting), risking errors in sex-based administrative/legal processes. 

5. Legal framework misalignment (Page 7, “What Does the Law Say”; Page 20, “The Law”): prioritizing gender identity misconstrues EA 2010, especially for facilities, searches, and records.

1. Please provide copies of any internal correspondence, reports, memoranda, or meeting minutes produced or received by the States of Jersey Police between 16 April 2025 and the present that discuss, assess, or acknowledge the need to revise the States of Jersey Police Transgender Guidance (January 2024) to align with the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16, the Jersey and Guernsey Law Review (June 2025) article, or advice from the Law Officers’ Department (LOD) regarding compliance with this ruling.

2. Please provide any records, including but not limited to meeting minutes, project plans, correspondence with the Law Officers’ Department, internal briefings, or working group documents, created or received by the States of Jersey Police between 16 April 2025 and the present, that detail actions, plans, or discussions undertaken to review or revise the

States of Jersey Police Transgender Guidance (January 2024) in response to the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.

3. Please provide a copy of any updated version of the States of Jersey Police Transgender Guidance (January 2024) held by the States of Jersey Police as of the date of this request.

4. Please provide copies of any documents, such as project plans, timelines, correspondence, or meeting minutes, held by the States of Jersey Police as of the date of this request, that outline the planned timeline or schedule for revising the States of Jersey Police Transgender Guidance (January 2024) to align with the UK Supreme Court ruling in For Women Scotland Ltd v The Scottish Ministers [2025] UKSC 16.

Response

1.Attachment one is a report received by the States of Jersey Police between 16 April 2025 and the present. The report concerns the UK Equality Act. The recent UK ruling on gender recognition does not apply in Jersey. The report was circulated to all chief officers for informational purposes and to offer guidance and outline any potential implications to the relevant forces.

Freedom of Information response 757741270 - Supreme Court briefing (Redacted).pdf​

2.States of Jersey Police do not have a document named States of Jersey Police Transgender Guidance (January 2024). As the recent ruling does not apply in Jersey, there has been no requirement for any official guidance, meeting minutes or project group reports. An internal clarification update was posted in response to enquiries of how the recent ruling in the UK impacts legislation and procedures here in Jersey via States of Jersey Police - One Voice Group. Clarification was informational only, not a formal review or revision process. The response can be found in Attachment two.

Freedom of Information response 757741270 - UK gender recognition Supreme Court ruling

3.The States of Jersey Police do not have a single, publicly released "Transgender Guidance" document from January 2024, but their practices are based on existing policies and principles. A copy of Surrey Police Transgender Guidance written in partnership with Stonewall was circulated internally for informational purposes. Please see attachments –

•Trans Guidance for the Policing Sector – Guidance for the individual

•Trans Guidance for the Policing Sector – Guidance for the Manager​

4. Jersey’s legal framework remains unchanged, and there are no plans to amend local legislation in response to the UK decision​.