August 08, 2025 | Organisational Information and Performance , Procedures
Request Number: FOI/14853
Category: Policy and Procedures - Procedures
Subject: Searches under Art 5 of PACE
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.
Request 1
Can you confirm that the PSNI adheres to Art 5 of the PACE (NI) Order which states that searches must be conducted by a constable of the same sex as the person being searched?
Answer
PSNI adheres to the guidance set out within the Police & Criminal Evidence (Northern Ireland) Order
1989, which can be found at (note – the below are some useful links):
- PACE Code A
- PACE Code C
Additional guidance is set out within the PSNI’s stop and search service instruction, which can be found at:
Stop and Search 2 September 2021.pdf
Request 1b
And can you further confirm that in this context sex means biological sex.
Answer
Our current crime records management system (Niche) requires us to record a person’s gender. We therefore record crimes showing the gender of the victim/person arrested as they identify themselves to us. This would be for every crime including sexual offences.
The Police National Computer, which policing uses to record details of a person’s offending history, records the person’s sex.
Request 2
Does the PSNI record crimes committed by biological sex or by self-identified gender?
Answer
There is no current definition of gender within the service in relation to data collection and reporting systems. At present gender is recorded according to how a person reports their gender to police.
Request 3
How is sex recorded in crime statistics if the offender has a GRC?
Answer
There is no legal obligation on any person in possession of a GRC and/or a new birth certificate to inform the police that they have changed their name or gender.