Abstract

Police custody is a complex space, with conflicting natures in relation to detainee management. Ranging from risk assessments, referrals, and overall safeguarding processes that feed into the wider care-custody paradox (Skinns, 2016; Rees, 2022). Whilst the codes of practice outlined in the Police and Crime Evidence Act (PACE) (1984) aim to provide structure and regulation to policing powers and overall detainee welfare, subjectivity exists in relation to decision making on risk and welfare, where custody sergeants have been reported to rely on discretion and gut feelings (McKinnon and Grubin, 2013; Dehaghani, 2016).
Simultaneously, gendered nuances exist within police custody and range across considerations on welfare, searches, hygiene, and the removal of clothing. This is critical in how a person is processed, identified, and in terms of their physical placement, with each process takes place within an environment shaped by gendered nuances (Panter, 2018). Annex L of Code C provides guidance in relation to the establishment of a person’s gender identity yet again is ambiguous, with a focus on open interpretation.
Based on a qualitative research project that took place 2023- 2024, the work examines the experiences of appropriate adults, police officers, policy makers, and liaison and diversion teams, in relation to supporting and navigating trans and non-binary detainees within police custody in England and Wales. Funded through the UKRI Policy Support Fund, it provides a unique lens to examine the care-custody paradox through understandings of gender and institutional power within custodial environments. Our findings illustrate themes of power, categorisation, risk, and themes of ‘passing’ and presentation, each intersecting with broader concerns and safeguarding. Drawing on the concept of liminality (Wooff and Skinns, 2017), this research highlights how custody itself can create and compound vulnerabilising experiences through binary gender classifications