Fiona Barton KC and Robert Talalay appear in significant High Court case concerning consent and strip searches of transgender detainees

On 16 June, Linden J heard the judicial review of R (Sex Matters) v (1) The National Police Chiefs’ Council and (2) The Chief Constable of the British Transport Police. This is a challenge to the lawfulness of the guidance issued by each of the Defendants that, recognising the issue posed by the same-sex search provisions in PACE and the issues that raises for transgender detainees who may identify as a gender different to their biological sex, permits cross-sex strip searches to be conducted in custody with the informed consent of both the detainee and the searching constable. 

The case raises important questions about the relationship between policing by consent and policing using coercive powers, as well as the preservation of consent as a basis for police action where there also exists a power to undertake that action under PACE. 

Judgment was reserved. 

Fiona Barton KC and Robert Talalay acted for the Defendants.