Gwent – Policing in Wonderland

“When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’ ― Lewis Carroll, Through the Looking Glass

It’s become something of a cliché to quote Humpty Dumpty when discussing the debating tactics of trans activists. But playing fast and loose with what words mean has been taken up a level by Gwent Police who have decided that the law can mean whatever they choose.

I had an extremely late response to a Freedom of Information Act request today. Gwent police declared themselves very sorry for it being a couple of months late, but judging by their FOI responses they seem pretty comfortable saying one thing while meaning another.

The FOI Question 1 asked:

⁠Whether this force has also withdrawn the NPCC policy [allowing transgender officers to search the opposite sex] and on what date it did so.

Gwent police responded that their “current position on this matter is that we will act according to the guidance as set out in PACE 1984, the Equality Act 2010 and the Gender Recognition Act”.

I’ve read what PACE 1984 has to say on searches. Code A covers stop searches (prior to arrest) while Code C relates to searches post arrest in the custody suite. Both are absolutely clear that searches must be performed by an officer of the same sex as the person to be searched unless the person being searched specifically requests an officer of the opposite sex. (That’s covered in Code C Annex L if you’re interested).

The Equality Act 2010 supports single-sex exemptions (where sex is physical sex, not “gender identity”) as a proportionate means to achieving a legitimate aim for exactly these sorts of interactions. Meaning that a woman should never be subjected to a strip search by a male police officer, even if he has a Gender Recognition Certificate. That would be sex discrimination compounded by the power imbalance between the police and members of the public.

It sounds like Gwent police must have rolled back the NPCC policy, doesn’t it?

If they are complying with the Equality Act and with PACE, it’ll be same-sex searches all the way. Won’t it?

Let’s see. Here’s question 2 from the FOI request:⁠ ⁠

In respect to searches exceeding the most basic search of outer clothing, commonly referred to as more thorough searches, strip searches or intimate searches, please advise whether this force permits any searching to be conducted by an officer of the opposite sex.

For clarity, “sex” here means biological / physical sex, regardless of how the officer identifies, whether by way of a Gender Recognition Certificate or via verbal self-identification.

Gwent’s response starts by quoting Annex L at length. Fair enough. If a suspect requests that an officer of the opposite sex searches her, then that is permitted by PACE.

But suddenly we find ourselves in Wonderland.

Because Gwent police have chosen to interpret Annex L as applying to police officers and staff instead of detainees.

The Gender Recognition Act is clear that if a person has a Gender Recognition Certificate, their sex is that of their acquired gender. Therefore, an officer who has a GRC in the acquired female gender is legally female and she would be expected to search female detainees as per PACE Code C.

Whatever Chief Constable Pam Kelly’s personal views, activists have made themselves very much at home in Gwent police. They go on to say:

Gwent’s [search] policy recognises that not all transgender officers and staff who are required to carry out searches will have a GRC, nor should they be asked whether or not they have a GRC.  

And with that final flourish, Gwent police unilaterally implement gender self-ID, wrapped in pink and blue paper and a bow on top. With no consideration for what this means for women, and no consideration for the law.

This is the same unlawful NPCC policy that was withdrawn on 11 January.

Is this a misunderstanding? Or are Gwent deliberately misrepresenting the law?

I wish I could believe the former, but if Gwent believe Annex L permits officers to self-identify as whichever sex they choose for searches, the withdrawal of the NPCC transgender search guidance must be inexplicable to them.

At this point it’s worth remembering that Gwent is the force that arrested and interviewed Jen Swayne for the crime of stickering in her home town of Newport. Who considered it a hate crime to say that “humans can’t change sex” and “no child is born in the wrong body”. Who felt it appropriate to search Jen’s house, removing stickers and a book by Heather Brunskell-Evans. And who finally released her - a disabled woman - to make her own way home in the early hours of the morning.

The false assurance from Gwent police that they will act according to the guidance as set out in PACE 1984, the Equality Act 2010 and the Gender Recognition Act won’t keep women and girls safe.

It’s just another empty promise.