PSNI policy on biological sex

Request Number: FOI/15457

Category: Policy and Procedures - Policies

Subject: PSNI policy on biological sex

Request and Answer:
Your request for information has now been considered. In respect of Section 1(1)(a) of the Act we can confirm that the Police Service of Northern Ireland does hold information to which your request relates. The decision has been taken to disclose the following. Please note that as there have been no new updates, therefore the response provided to FOI- 2022- 01052 remains the same.

Request 1
Can you advise on your policy or position regarding biological sex and preferred gender? Both in terms of how employees biology and preferences are handled and also when dealing with victims, witnesses or suspects of crime?

Answer 1 
With regard to employees we do not have a specific policy for non-binary people. Attached is our Transitioning at Work SOP – which provides guidance and support to individuals (and their line managers) who either intend to transition or have already began to transition to another gender. 

In regards to PSNI’s Call Management Centre (101 / 999 calls) there is no policy on gender recording. In almost every case the call taker does not ask the caller their gender, but makes an assumption from the caller’s voice and name. Call takers record gender on the computer system from one of the four drop down options, these being;

• Male
• Female
• Transgender
• Unknown

Anyone brought into police custody will be recorded as they seek to present themselves. On a custody record there are four options;

• Male
• Female
• Transgender
• Unknown

If ‘Transgender’ is selected, an additional pop – up will appear to record the details of the persons’ previous name and gender, and their current name and gender. 

PSNI record what the detainee wishes (this is subject to some basic challenges if the person is trying to frustrate the process).  PSNI will respect how any detainee declares their gender identity. If the gender of the detainee is relevant to the case, expert testimony may be sought.  PSNI are not qualified to challenge assumed gender identify and have no power to request medical records or birth certificates. Individual police officers are responsible for ensuring the correct information relating to all aspects of individuals involved in their investigations is accurate and relevant. PSNI can only record information that (a) they ask to clarify or (b) are told by the individual.

Request 2 
Are employees provided with training to recognise the difference of biology, preference and other such issues?

Answer 2 
Please see answer to Request 1 above

Request 3 
Can you advise if the organisation records details of the public, when applicable, by biological sex or self-affirming gender?

For example, if victims or witnesses of crimes are logged as female or male is that their legal biological sex or is it just what information is provided by the individual?  I ask as the ability to incorrectly identify as biologically female or male will skew crime reporting statistics and these may need to contain a foreword clarifying this position.

Answer 3
Self-Affirming gender.  The recording of self-affirming gender applies to all person nominal details on NICHE.