Court and transgender issues (FOI)

​​​Request

Please can you tell me what the current policy is with police reports written up for Court and transgender issues. 

​A Do the nouns and pronouns reflect the self-identified gender (or legally changed gender) of those involved? 

B) Are there exceptions in the cases where the violence may be against a biological female?

Response

Currently States of Jersey Police (SoJP) do not have a policy that specifically references transgender issues within police reports written up for court. Article 10 (1) of the Freedom of Information (Jersey) Law 2011 has therefore been applied.

A Wherever possible nouns and pronouns reflect self-identified or legally changed genders, including for court. The extract below from the SoJP Crime Recording and Investigation Policy document, although not specifically addressing court documents, gives Police Officers guidance about how persons involved in a crime may expect to be recorded. This is in line with the National Crime Recording Standard (NCRS) and in accordance with the Home Office Counting Rules (HOCR).

‘All trans and non-binary people will be dealt with respectfully and in accordance with the SOJP purpose, values and Code of Ethics.

The term ‘trans’ is an umbrella term which can include people who identify as men, women and people who have non-binary, non-gender or gender fluid identities.

The victim of a Crime will be recorded on the Crime File as the sex that they are presenting as at the time of recording, there is no legal recourse to question a person’s gender status.  

The same principle applied to Victims will also be applied to a Suspect, based upon their presentation at the time of recording’.

B ​There is no separate guidance in respect of violence against a biological female.

Article applied

Article 10 - Obligation of scheduled public authority to confirm or deny holding Information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information, it must inform t​​he applicant accordingly.