Abstract

Within the Police and Criminal Evidence Act (PACE 1984), heteronormative language is prevalent, reflecting a dichotomous understanding of gender. The use of binary language serves to exclude people who identify as trans, non-binary, intersex and agender. In Code C, Annex L, it is specified that police officers should show sensitivity to transgender, transsexual or transvestite people, yet there is no guidance on how this is to be achieved and in these cases, the treatment of an individual depends heavily on the interpretation of the guidance and the attitude and discretion of the officer in charge. Thus, trans and non-binary people face unique challenges within custody.
The appropriate adult (AA) role was first introduced by PACE to ‘support, advise and assist’ a vulnerable detainee (NAAN, 2017) by safeguarding their rights, entitlements and welfare. Little research has been conducted which explores the intersection of vulnerability and gender identity in custody settings or the role of an AA in safeguarding individuals impacted by Annex L.
This project will present findings from a qualitative project funded by the UKRI Policy Support Fund which explores the perspectives of custody practitioners and policy makers on the key issues faced by trans and non-binary detainees in custody in England and Wales. We argue, not that trans or non-binary people are inherently vulnerable, but that the binary nature of custody procedures creates vulnerability. We offer some recommendations to mitigate this.