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Police Scotland's controversial transgender strip search rules endorsed by judge
['Exclusive', 'Martin Williams']
The Herald | News
The controversial interim arrangement was introduced last year after the Supreme Court ruled that “sex” in the Equality Act refers to biological sex, with Police Scotland's normal position being that strip searches are carried out according to biological sex.
They argue that strip searches should remain between officers and detainees of the same biological sex, rather than allowing that protection to be overridden by consent.
According to a Scottish Police Authority record, as of mid-March one strip search has so far been carried out under the consent procedure rather than according to biological sex.
The judge said allowing a transgender detainee to choose an officer of the opposite biological sex could “mitigate the distress which the detained transgender person may feel”.
Police Scotland's current interim guidance allows an opposite biological sex strip search only in limited circumstances and where written consent is provided by the detainee, the searching officer and an Inspector or above.