Abstract

Within the Police and Criminal Evidence Act (PACE 1984), heteronormative language is prevalent, reflecting a dichotomous understanding of gender. The use of ‘same sex’ and ‘opposite sex’ within the broader Code of PACE serves to exclude people who identify as trans, non-binary, intersex or agender. While the need for sensitivity to ‘transgender, transsexual or transvestite people’ in custody is acknowledged (Code C, Annex L), in practice there is little guidance or training on what this entails. In such cases, the treatment of an individual depends heavily on the interpretations, attitude, and discretion of the officer in charge. Thus, trans and non-binary people face unique challenges within custody. Little research has been conducted which explores the intersection of vulnerability and gender identity in custody settings or the role of an appropriate adult (AA) in safeguarding individuals impacted by Annex L. This is despite intense debates on trans rights and an increased awareness and understanding of gender diversity in recent years.

Custody suites are complex spaces with varying narratives surrounding risk, vulnerability, and safeguarding, and populated by a range of professionals working in parallel to respond to the needs of the person and situation. Through a triangulated approach, this project collates a range of experiences, perspectives, and understandings in relation to the treatment of trans and non-binary suspects. This is achieved through exploring perspectives of practitioners and lived experience narratives, this research aims to feed into organisations to inform effective practice and interpretations of Annex L. These include practitioners, AAs, and trans and non-binary people with lived experience of custody.

This paper presents the preliminary findings from interviews with people affected by Annex L to explore how policy and guidance from governmental bodies is used, negotiated, and experienced. Here we present our recommendations for evidence-based policy and practice development