PACE 1984 Part VI Sections 66 and 67 specify Codes of Practice for England and Wales. (Devolved for Scotland and Northern Ireland.)
The Home Office published new and revised PACE codes of practice relating to conduct and procedure.
28 FEB 2024 Police Commissioner Barber for Thames Valley wrote to Home Sec to review Code C Appendix L which sets out how police "should identify and record an individual’s gender."
He asks for police to be required to record birth sex, "as well as someone's preferred gender."
"Home Office policy allows Forces to record birth sex in crime counting rules, but this remains voluntary and therefore does not allow the information to be required from detainees."
https://www.thamesvalley-pcc.gov.uk/wp-content/uploads/2024/02/James-Cleverly-PACE-CODE-C-280224.pdf
Code C ANNEX L [DEC 2023]
ESTABLISHING GENDER OF PERSONS FOR THE PURPOSE OF SEARCHING
AND CERTAIN OTHER PROCEDURE
https://assets.publishing.service.gov.uk/media/6580543083ba38000de1b792/PACE+Code+C+2023.pdf
Begins (para 3):
"In law, the gender (and accordingly the sex) of an individual is their gender as registered at birth unless they have been issued with a Gender Recognition Certificate (GRC) under the Gender Recognition Act 2004 (GRA), in which case the person's gender is their acquired gender. This means that if the acquired gender is the male gender, the person’s sex becomes that of a man and, if it is the female gender, the person’s sex becomes that of a woman and
they must be treated as their acquired gender"
But then we read (para 4):
"(a) The person must not be asked whether they have a GRC (see paragraph 8);"
which is why Commissioner Barber's letter says it will require a change in PACE 1984 because of conflict with disclosure restrictions under GRA.
It is startling to note the use of language and how primacy is given to 'gender': Barber letter frames birth sex as additional information, not the primary thing that it should be, and the wording of the Code Annex L goes further in installing gender as what's registered at birth and implying that sex derives from gender, an inversion which is surely only the case with certificated sex under GRA - an exception, not the general rule. It is as if we've all been dragged in and corralled under the GRA and nothing exists outside it. GRA was never meant to supersede the reality and concept of sex as what we are born with and record in official documents and in general use was it? Yet here we are with the consequences, at least in official Policeland.
There's a great deal more to Annex L which I haven't read - I dread to think what else.