header-logo header-logo

14 August 2026 / Michael Zander KC
Issue: 8174 / Categories: Features , Procedure & practice , Human rights , Public
printer mail-detail

Consent matters

257137
© Shutterstock
A judicial review has ruled that a consensual transgender strip search may be lawful notwithstanding PACE’s same-sex search provision: Michael Zander KC reports
  • Consent can make a transgender strip search lawful even where it departs from PACE’s same-sex search provision, the High Court has ruled.
  • The article explores the judgment’s implications for police powers and the future scope of PACE safeguards.

Section 54 of the Police and Criminal Evidence Act 1984 (PACE 1984) is headed ‘Searches of detained persons’. Sub-section (9) states: ‘The constable carrying out a search shall be of the same sex as the person searched.’

Guidance issued in 2025 by the National Police Chiefs’ Council and the British Transport Police provides that as long as both the suspect and the officer agree, a transgender person may be strip searched by an officer of a different biological sex. Judicial review brought by the charity Sex Matters challenged the guidance as contrary to s 54(9), PACE 1984. Mr Justice Linden held on 31 July that the challenge failed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll