Trans people can consent to gender-appropriate strip search, High Court rules

Transgender people can consent to being strip-searched by an officer of their affirmed gender, the High Court has ruled.

As first reported by The Herald yesterday (11 August), Mr Justice Linden handed down the judgment on 31 July after campaign group Sex Matters brought a legal challenge against guidance from the National Police Chiefs’ Council (NPCC) and British Transport Police.

Police Scotland introduced its own interim transgender search guidance in June 2025 following the Supreme Court’s ruling in For Women Scotland. Its policy similarly allows a trans detainee to request a search by an officer of their affirmed gender.

What did the High Court rule on transgender strip searches?

Under police guidance in England and Wales, searches involving the removal of more than outer clothing are normally carried out according to sex assigned at birth. However, if a transgender detainee asks to be searched by an officer sharing their gender identity, police can arrange this where possible.

To do so, written consent is required from the person being searched, the officer carrying out the search, as well as an authorising officer of Inspector rank or above.

Why did Sex Matters challenge the guidance?

Sex Matters challenged the policy, arguing that police should not carry out strip searches across biological sex lines and that individual consent should not override statutory search rules under the Police and Criminal Evidence Act 1984 (PACE).

The organisation has argued that “PACE is the only lawful basis for police searching”, adding that “clear rules protect both officers and detainees”.

The High Court rejected the challenge. Mr Justice Linden found that a detainee can lawfully give genuine consent to a search outside standard PACE default rules, provided that consent is freely given and all authorising requirements are met.

Sex Matters has confirmed its intention to seek permission to appeal to the Court of Appeal.