FOI 298/25 Transgender policy for Suspects

Enquiry Reference:  298- 25                                                             

I write in connection with regards to your Freedom of Information request. Below is your request and our response.

Please can you advise me what your policy is on the gender and pronouns you use when a suspect/criminal is transgender? My enquiry relates to the recording of crimes and public communications/press releases, not internal HR procedures for police officers.

Please can you give me direct answers to the following questions.

1. Would the force describe someone as having a gender and/or pronouns that are different to their birth sex if they DO NOT have a gender recognition certificate (GRC)? E.g. if a person born male identifies as a woman but does not have a GRC, would you call them a woman and use she/her pronouns?
2. Would the force describe someone as having a gender and/or pronouns that are different to their birth sex if they DO have a gender recognition certificate (GRC)? E.g. if a person born male identifies as a woman and has a GRC, would you call them a woman and use she/her pronouns?
3. In cases of rape, which requires male genitalia to commit, would the force use she/her pronouns and record the suspect/culprit's gender as female, if they identity as a woman but DO NOT have a GRC?
4. In cases of rape, which requires male genitalia to commit, would the force use she/her pronouns and record the suspect/culprit's gender as female, if they identity as a woman and DO have a GRC?

Answer

Having made enquiries within the Force please see below answer to the above questions.

As per the Annual Data Return requirements the Force would record the sex of the suspect in any offence, including rape in accordance with their birth certificate or Gender recognition certificate. If no GRC is available, sex at birth would be recorded. If there is a GRC their sex would be recorded as per the GRC.

If you are not satisfied with this response or any actions taken in dealing with your request, you have the right to request an independent internal review of your case under our review procedure. The Freedom of Information Code of Practice (see below link) states that a request for internal review should be made within 20 working days of the date on this response or 40 working days if extenuating circumstances to account for the delay can be evidenced. Public authorities are not obliged to accept internal reviews after this date.

https://www.gov.uk/government/publications/freedom-of-information-code-of-practice

Yours sincerely

Information Rights Decision Maker