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What are my rights as a Transgender person when being searched by the police?

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If you are a Transgender young person who has been searched by the police, there are some guidelines that should be followed.

  • If there is no doubt as to whether you should be treated as being male or female, you should be treated as such.
  •  If at any time (including during the search) there is doubt as to whether you should be treated, or continue to be treated, as being male or female:

i. You should be asked what gender you identify with.

ii. You should confirm your preference by signing the custody record, the search record or the officer’s notebook.

iii. If you are unwilling to express a preference, the police can make a judgement on your gender based on how you are presenting.

iv. Alternatively, you will be dealt with according to what appears to be your registered sex at birth.

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