Question to the Ministry of Justice:

To ask Her Majesty's Government what plans they have to amend the Searching the Person prison service instruction (PSI 48/2010) issued on 12 October 2010, that “female prisoners, visitors and staff must only be searched by female staff”.

The Prison Service Instruction PSI48/2010 Searching of the Person was replaced in 2016 by PSI07/2016 Searching of the Person.

This policy, which has been in place since 1992, allows for male officers to conduct rub down searches on the same sex only and female officers to conduct rub down searches on both sexes. Full searches must only be conducted by a person of the same sex.

The national policy on the searching of prisoners, staff and visitors (PSI 07/2016 – Searching of the Person) is currently under review and it is intended to publish a revised version later this year.

The updated policy will also include direction on transgender staff conducting searches. This will encompass staff with or without a Gender Recognition Certificate.

In reviewing the policy, Her Majesty’s Prison and Probation Service (HMPPS) has consulted with the Government’s Legal Department and HMPPS Equalities Team. The new policy will be compliant with the Equality Act 2010, the Gender Recognition Act 2004 and the European Convention of Human Rights.