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Transgender Police Officers

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Dear Merseyside Police,

Can you please send me copies of policies, guidelines or advice used with regards to transgender police officers carrying out strip searches or intimate searches?

Are transgender police officers permitted to conduct these searches on people of the opposite sex? For clarity, in this example, would a male (male at birth) officer identifying as a woman be allowed to search a female who suspected of a crime?

If so, in this case, would the female suspect be able to refuse to be searched by this officer?

Would refusing to be searched by this officer, based on their sex, be a criminal offence?

Would a suspect ever be forced to undergo a strip search or intimate search conducted by a person of the opposite sex? For example, would a female suspect be forced to undergo a strip search conducted by a male-born, male-bodied officer who presented/identified as a women/female?

Yours faithfully,

Adul Manmal

Freedom Of Information, Merseyside Police

Your email to the Merseyside Police Freedom of Information (FOI) in box is
acknowledged.

 

If it contains an initial (new) request under FOI it will be dealt with in
accordance with section 10 of the Act which means that you are entitled to
receive a response no later than 20 working days after the first working
day* on which your request is received.

 

Other arrangements may apply if a fees notice is issued or if the time
period is extended in order that public interest considerations of our
response may take place. Section 10 also allows public authorities to
apply variations to the normal 20 working day timescale in some limited
circumstances.

 

Due to the volume of e-mail correspondence and FOI applications received,
the Force regrets that individual acknowledgement e-mails will not be sent
even if specifically requested.

 

If the correspondence cannot be dealt with as FOI, it will be forwarded
internally and you will be advised of the location. Any related
communication must be direct to the identified location and not the FOI
e-mail address.

 

*The ‘working day’ is defined as any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
The first reckonable day is the working day after the working day of
receipt.

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

Freedom Of Information, Merseyside Police

Dear Mr. Manmal,

 

I write in connection with your request for information, dated 25/11/2019,
concerning:

 

(Summary of request) Information in respect of policy documents, guidance
and associated information in regard to searching persons.

 

 

The FOI Act obliges us the Force to respond to requests promptly and in
any case no later than 20 working days after receiving your request. The
Force must consider firstly whether it can comply with section 1(1) (a) of
the Act, which is the duty to confirm whether

 

The public interest in providing a response to you is currently under
consideration or not the information requested is held and secondly the
Force must comply with section 1 (1)(b), which is the provision of such
information. However, when a qualified exemption applies to either to the
confirmation or denial of whether the information is held or the provision
of the information and the public interest is engaged, the act allows the
time for response to be longer than 20 working days, if the balance of
such public interest is undetermined.

 

In this case the Force has not yet reached a decision on where the balance
of the public interest lies in respect of the above obligations.  As per
current ICO guidance, cases that involve qualified exemptions are
permitted additional time to consider the public interest in disclosure.
The Act allows a maximum period of up to 20 days to take a decision on
where this balance lies. Therefore the Force plan to let you have a
response by 28/01/2020 at the very latest. However, it is intended that
the information will be sent to you well within that deadline.

 

The specific exemption(s) which apply in relation to your request is/are:

 

Section 31 Law Enforcement.

 

The exemption(s) above require public interest tests. This is what is
currently taking place. Taking that into account this email acts as a
refusal notice under Section 17* in that it informs you that it;

 

•       confirms that a response will not be provided within 20 working
days,

•       provides the exemptions presently under consideration and

•       states (if that would otherwise be apparent) why the exemptions
may apply following public interest considerations.

 

*(non-provision of a response within the 20 working days as prescribed by
the Act constitutes a refusal).

 

As stated above it is the intention of the Force to respond by the date
provided. I apologise for any inconvenience caused.

 

Yours faithfully,

 

D. Jackson

Disclosure Analyst

Data Access Unit (CJJ)

Merseyside Police

PO BOX 59

LIVERPOOL

L69 1JD

Fax: 0151 777 1675

E-mail: [Merseyside Police request email]

 

============================================================
This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the sender as soon
as possible. This footnote confirms that all reasonable steps have been
taken to ensure that this email message has been swept for the presence of
computer viruses. The views expressed in this communication may not
necessarily be the views of Merseyside Police. All communications,
including telephone calls and electronic messages to and from Merseyside
Police may be subject to monitoring and recording.
============================================================

Freedom Of Information, Merseyside Police

4 Attachments

Dear  Mr. Manmal,

 

Response - FOIA Application - DJ 2019 - 1467 MERPOL (please quote in all
correspondence)

 

I write in connection with your request for information which was received
by Merseyside Police.

 

I note that you seek access to the following information:

 

(Paraphrased): Information in respect of searching of detained persons by
transgender police officers.  

 

Following receipt for your request searches were conducted within the
Merseyside Police to locate information relevant to your request. I can
confirm that some of the information that you requested is held by
Merseyside Police.

 

Extent of searches to locate information.

 

Result of searches.

 

The searches located some records relevant to your request.

 

Decision.

 

I have today been authorised by the senior decision maker in this case,
the Data Access Supervisor, to:

 

Disclose information related to your requests numbered one in part;

 

Partly exempt information related to your requests numbered one pursuant
to the provisions of section 21, Freedom of Information Act 2000;as that
information is accessible by other means, and

 

Fully exempt information related to your requests numbered 2 -5  pursuant
to the provisions of section 8, Freedom of Information Act 2000;as the
request does not meet the requirement of section 8(1) (c) and in respect

of those applications provided advice and guidance under the provisions of
section 16 of the Act, in the Response section of the table.

 

 

Your request for information, in relation to the exempt information, has
been considered and Merseyside Police is not obliged to supply the
information that you have requested.

 

Section 17, Freedom of Information Act, 2000, requires Merseyside Police,
when refusing to provide such information (because the information is
exempt) to provide you the applicant with a notice which:

(a) States that fact,

(b) Specifies the exemption(s) in question and

(c) States (if that would not otherwise be apparent) why the exemption
applies.

 

In respect of the requests, where appropriate, under the duty in section
16 of the Act, the duty to be helpful, I have provided information, shown
as additional information or in the response section which I believe will
be of assistance to you.

 

Please find attached information relating to your request in the schedule
above. On behalf of the Force I offer an apology for the delay in being
able to provide this response.

  

Making a complaint or an appeal

 

Your attention is drawn to the sheet attached below which details your
rights of complaint.              

 

Should you have any further inquiries concerning this matter, please write
or e-mail me, on the below address, quoting the reference number above.

 

Yours faithfully

 

D Jackson

Disclosure Analyst

Merseyside Police

Data Access Unit

PO BOX 59

LIVERPOOL L69 1JD

Fax: 0151 777 1677

E-mail:  [Merseyside Police request email]

 

Schedule(s) of disclosed information:      Attached at top of e-mail

  

 

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Adul Manmal please sign in and let everyone know.