Question to the Ministry of Justice:

To ask Her Majesty's Government whether (1) biologically female suspects or prisoners can insist on being strip-searched by, and in the presence of, biological females only, and (2) biologically female police or prison officers can refuse to strip-search prisoners or suspects who are biologically male.

There are lawful and effective procedures in place for the searching of prisoners, visitors and staff to ensure the detection of contraband. HMPPS conduct all searches in accordance with PSI 2016-07 Searching of the Person. All full searches must take place out of sight of the opposite sex, as such, staff must not conduct full searches on persons of the opposite sex.

Transgender prisoners who hold a GRC and who are fully post-operative, should be searched by a member of staff of the same gender of the prisoner’s acquired gender; that is, male to female transgender prisoners should be searched by female officers. The prison can insist that there is no discretion in these circumstances, as the prisoner will be both physically and legally of the acquired gender. Male to female transgender prisoners who hold a GRC will be searched according to the women’s full search procedures unless otherwise agreed as part of a voluntary written agreement

Transgender prisoners who do not hold a Gender Recognition Certificate and have not received any treatment (surgical or non surgical) for gender dysphoria, would normally be expected to be full searched by staff of the same legal gender. However, all transgender prisoners must be encouraged to enter into a voluntary written agreement in respect of their searching arrangements on arrival to an establishment. The voluntary agreement should be drawn up by local management and must clearly set out the arrangements for searching the prisoner. The establishment must decide if the agreement is suitable, taking into account such factors as legal considerations, possession of a GRC, sex characteristics of the prisoner, views of the prisoner and staff and the likelihood of the prisoner cooperating with a voluntary compact. It should be recognised that as a voluntary agreement the prisoner may withdraw from it any point in time. The details of the compact may need to change as circumstances change.

Staff may only be exempt from searching transgender prisoners in exceptional circumstances, for example, where there are genuine religious or cultural reasons for an objection.

We are investing £100m in prison security to stop contraband such as drugs, weapons and mobile phones from entering prisons. This includes X-ray baggage scanners and metal detection equipment to enhance searching of visitors and staff and the recently announced X-ray body scanners to detect prisoners concealing contraband inside their body. Searching remains a key element of the range of measures we are deploying to prevent this activity.

PSI 2016-07 Searching of the Person is currently under review and searching arrangements for Transgender prisoners may be revised as part of that review.

I am unable to comment on your question in relation to Police procedures.