More
Useful Information
This time from the Very Pro-active
South Yorkshire Police Force
Advice
and Information To Help You
Whilst Out and About Dressed.
This information has been put together to give you guidance on a number of issues you may come across whilst out dressed. Such as Interaction with the police, knowing your rights but most of all your personal safety.
Out
Dressed
Firstly
it’s not an offence to dress as the opposite gender in public, the problem
arises to how other people behave to you and how you behave or react in those
situations.
Such
as.
 |
Finding
yourself in a hostile situation with members of the public verbally abusing
you. |
|
Being
asked to leave a venue for being dressed and using the toilets you are
presenting in. (we’ll come to that later) |
These are just a couple of examples but I’m sure you can think of many
more ….
Depending
on how you react to such incidents or situations, it could be construed by the
police, if they are called to intervene, that you being dressed, provoked a
disturbance such as "Breach of the Peace".
You
being dressed as the opposite gender, should make no difference to the
police’s response.Firstly as the victim you must stay calm and fully
co-operate with the officer by giving your personal details and all the details
of the incident, so that no misunderstanding can arise as that you are in fact
the victim and not the perpetrator.
Common
sense and your safety is the key issue
|
Don’t
draw further attention to yourself by reacting to such situations, remember
your safety is paramount (plus it’s hard to run in heels and very
undignified believe me!). |
|
Walk
away from the situation and go somewhere safe. |
|
Take note of what happened, how it happened, any witnesses and report this to the police either direct or by the reporting systems. www.safeinsouthyorks.co.uk. |
Usage
of Toilets
The usage of toilets whilst out dressed should not be a problem as there is no legislation or legal requirement that state people are required to use toilets according to their birth gender. Other than some old council bi-laws for some public toilets in parks that are listed buildings or the Gender Reassignment Act 1999, which covers transsexuals only in the work place or training environment.
However
you probably know different by having experienced some animosity or been asked
to leave venues whilst out socialising and using the ladies.A common occurrence
sadly that happens when using new venues. This however is a civil matter not a
police issue unless the animosity results in a transphobic incident.
On your
travels you may well have found that some venues are OK and some not, this is
due to toilets in venues such as pubs and clubs being governed by the proprietor
manager/ess as to who uses which, they also generally respond to complaints from
other customers.
The main
issue again is safety and common sense when using public loos, especially if
they are in a venue you haven’t used before.
A common and safer option is to use the disable toilets, not ideal I agree, but if you’ve got to go you’ve got to go.
|
Ensure
that the toilets your about to use are empty and safe to use. |
|
Check
that you haven’t been followed in. |
|
Once
you’ve been, don’t hang about doing your make up or chatting. |
Police
issues
South
Yorkshire Police Main principles when dealing with transgender people are.
Whilst
transgender people do no seek preferential treatment in their dealings with the
police, it should be noted that a person presenting themselves as the opposite
gender should not be an issue when someone is involved with the police.
South
Yorkshire Police’s main principles when dealing with transgender people and
transphobic incidents are that:
All
members of the Transgender community are entitled to the same rights, dignity
and respect as any other person / member of the public.
In order
to deal effectively with members of the transgender community, the police
response needs to be sensitive, understanding and professional.
*
The word transgender includes biological presentation as well as appearance
through clothing, Transsexuals, Transvestites, Transgenderist, Hermaphordites
and Intersex people.
Stop
and Search
Police
can stop and speak to you at any time, but they should only stop and search you
if they have good reason to suspect you are carrying, drugs, weapons, Stolen
property or Tools to which could be used to commit a crime.
If you
are stopped and searched, it doesn’t mean you have done anything wrong, but a
police officer must have a good reason for searching you and should tell you
what it is.
You
should not be stopped and searched simply because of your age, race, colour, or
the way you are dressed.
How will
they search me?
Before
they search you the police officer must tell you their names, which police
station they work at and the reason you have been stopped and what exactly they
are looking for. If the officers are not in uniform, they must show you their
identity cards.
If you are in a public place, you can only be asked by the officer to take off your coat, jacket and gloves.
If you
are asked to take off more than that, shoes headscarf etc then you will must be
taken somewhere private such as a police station.This doesn’t not mean you
have been arrested and should be explained to you by the officer.
What
happens next?
The
officer will ask you for your personal details, name, address and date of
birth.We appreciate this may be difficult if you are presenting as a different
gender to your birth gender.Your full co-operation is needed so the officer
doesn’t mistake you giving details as to a different gender your presenting in
or birth gender, as an attempt to claim a false identity, but clearly down to
the legal position when identifying as transgender.
What
happens if I am stopped in my vehicle?
If you
are driving a motor vehicle, a police officer can stop you at any time and ask
you to show your driver’s licence, insurance and test documents.If you don’t
have those documents at the time you can choose a police station where you must
produce them within 7 clear days.The officer will give you a form to remind you
of the documents you must produce.If you fail to produce your documents within
this time given, you are committing an offence and may be taken to court.
South Yorkshire
Police staff should be aware that in some cases the documentation presented such
as a driving licence or passport, could be according to your birth gender rather
than the gender you are presenting in.
Arrested
and taken in to custody.
It is
not a common occurrence for transgender people to be arrested and taken into
custody.However when this does happen this clearly represent potential areas of
conflict within police codes of practices for searching prisoners.
Firstly if you do find yourself in this situation of having been arrested and taken in to custody the things to note are.
|
which
gender you wish to be dealt as. |
When
your preferred gender is established then you will be dealt with as that gender.
How
you identify yourself i.e. Transsexual, Transgenderist, Transvestite. The reason
for this is that South Yorkshire Police recognise the differences between people
who identify as transgender. As a transvestite you will be offered a change of
clothing to eliminate any embarrassment when and if appearing in court the next
day.
Searching
The law
presently states that, the sex of a person is deemed to be the sex registered at
the time of birth and shown on the birth certificate, irrespective of any
subsequent medical treatment, surgery or appearance (clothing). However South Yorkshire
Police recognise that treating transgender people according to their preferred
gender role are more likely to be co-operative in their dealings as a prisoner.
Once a decision has been made about which gender you wish to be treated as, then you will be searched by an officer of your preferred gender unless you state otherwise.
Searching could consist on outer clothing search, strip search however a medical practitioner always does intimate searching.
Closing
thought’s
The main
principles when dealing with the police is to stay clam and fully co-operate to
with regards to giving personal details.
There are guidelines and policies in place for all South Yorkshire Police staff when dealing and interacting with all communities which includes transgender people.Our policy clearly states that we respect the sensitivity of the issues of identifying as transgender and will endeavour to eliminate any embarrassing situations full co-operation will clearly make this happen.
How
can I complain about the police.
If you
do have any complaints as to your dealings with the police, there are ways in
which you can get advice or make a complaint.
By
Writing to or ringing the following, giving as much detail of the incident and
officer as possible.
|
Your
local police station. |
|
The
South Yorkshire Police Authority |
|
Citizen’s
Advice Bureau |
|
A
solicitor. |
Employment
Transsexuals
Transsexuals
are under the GENDER REASSIGNMENT ACT OF 1999.This is an update part of the Sex
Discrimination Act of 1975, which states it unlawful to discriminate against
transsexual people on the grounds of sex in pay and treatment in employment and
vocational training. This reflects a ruling by the European Court of Justice that
the dismissal of an employee undergoing gender reassignment is contrary to the
European equal treatment directive. The UK and all member state are obliged to
implement such European law.
All organisations should ensure that they are up to date on changing legislation and working practices. That internal policies adequately cover transsexual employees, from direct / indirect discrimination, victimisation or harassment and should included the wording transphobia / transphobic . Taking into account the sex discrimination Act (SDA) 1975 as amended by the Sex Discrimination Gender Reassignment Regulations 1999.Also Human Rights article 8 – a right to respect for private and family life, also article 10 Freedom of expression.
Transvestites
There is
no such legislation that specifically protects transvestites, making it lawful
to discriminate someone for cross-dressing. However such cases could be referred
to under employment law or Human rights.
Human
rights
The
enjoyment of the rights and freedoms set forth in this Convention shall be
secured without discrimination on any ground such as sex, race, colour,
language, religion, political or other opinion, national or social origin,
association with a national minority, property, birth or other status.
ARTICLE 8
Everyone
has the right to respect for his/ her private and family life, home and
correspondence.
ARTICLE 10
Everyone
has the right to freedom of expression.This right shall include freedom to hold
opinions and to receive and impart information and ideas without interference by
public authority and regardless of frontiers. This article shall not prevent
States from requiring the licensing of broadcasting, television or cinema
enterprises.
ARTICLE 11
Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
Rennie Brown
LGBT Co-ordinator
South Yorkshire Police
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The Northern Concord
is a completely voluntary organisation
1986 - 2008
Working for the transgender community for the past 22 years