June 02, 2025 | Operational Policing, Investigations and Events , Stop and Search
Request Number: FOI/14474
Category: Operational policing, Investigations and Events - Stop and Search
Subject: Intimate Search of a Person of the Opposite Biological Sex
Request and Answer:
Request 1
Does PSNI permit an officer who was born biologically male but subsequently self identifies as female, to conduct an intimate search on a woman or girl?
Answer 1
No.
Request 2
Does PSNI permit an officer who was born biologically male but subsequently obtains a Gender Recognition Certificate, to conduct an intimate search on a woman or girl?
Answer 2
Yes.
Request 3
Does PSNI allow a female officer to refuse to conduct an intimate search on a person who was born biologically male but subsequently obtains a Gender Recognition Certificate or who self identifies as female?
Answer 3
Yes.
Request 4
Please provide copies of any internal PSNI instructions or policy decisions relevant to this issue.
Answer 4
PSNI adheres to PACE Codes of Practice and Authorised Professional Practice in relation to intimidate searches, specifically the policy on the gender of officers/ staff who conduct these searches.
All of the following within is adhered to: -
Code A 3.6 - Any search involving the removal of more than an outer coat, jacket, gloves, headgear or footwear, or any other item concealing identity, may only be made by an officer of the same sex as the person searched and may not be made in the presence of anyone of the opposite sex unless the person being searched specifically requests it.
Code C 3. An intimate search may only be carried out by a registered medical practitioner or registered nurse, unless an officer of at least inspector rank considers this is not practicable and the search is to take place under paragraph 2(a)(i), in which case a police officer may carry out the search.
When an intimate search under paragraph 2(a)(i) is carried out by a police officer, the officer must be of the same sex as the detainee (see Annex L). A minimum of two people, other than the detainee, must be present during the search. Subject to paragraph 5, no person of the opposite sex who is not a medical practitioner or nurse shall be present, nor shall anyone whose presence is unnecessary.
Annex L.
In law, the gender (and accordingly the sex) of an individual is their gender as registered at birth unless they have been issued with a Gender Recognition Certificate (GRC) under the Gender Recognition Act 2004 (GRA), in which case the persons gender is their acquired gender. This means that if the acquired gender is the male gender, the person’s sex becomes that of a man and, if it is the female gender, the person’s sex becomes that of a woman and they must be treated as their acquired gender