Oxfordshire police chief takes concerns on recording of sex to Home Secretary following 'vile' trans murder case

Matthew Barber, Police and Crime Commissioner for the Thames Valley Police (TVP) region, wrote his letter to James Cleverly as the debate about how trans people accused of crimes are recorded intensified after the conviction and sentencing of Scarlett Blake, a trans woman who attacked and drowned a Spanish man in Oxford after torturing and killing a cat.

Blake’s court case came days after a Witney case last month. It involved 51-year-old Osareen Omoruri, who was charged with two counts each of sexual assault by penetration and causing/inciting a child to engage in sexual activity. Omoruri was arrested but a press statement reported that a woman had been arrested following a police operation in the town, because Omoruri said he identified as a woman. The naming of the accused as a woman was in line with TVP code of practice.

But Mr Barber has told the Home Secretary he believes the law should be changed so a suspect’s sex at birth should be recorded.

He said: “Earlier this month I spoke about about the need for clarity and accuracy following a case of sexual assault in Oxfordshire. The debate about the recording of sex and gender has remained in the spotlight following the conviction and sentencing of the vile murderer Scarlet Blake.”

Mr Barber said: “Yesterday (February 28) I wrote to the Home Secretary urging a review of the Police & Criminal Evidence Act 1984 (PACE) which set out the legal framework for the way the police must deal with detainees.

“I must stress again that in both of these cases Thames Valley Police have been exemplary in safeguarding a vulnerable victim and bring a dangerous killer to justice. Whilst I have raised concerns about the press statements issued, the operational response has been everything that we would want from the police,” he said.

“Nevertheless these cases highlight issues of public confidence and safeguarding that I believe can only be addressed through a change in the law.

"As currently set out, (police) are obliged to record self-identified gender in the custody record and there is no legislative framework for them to record someone’s sex at birth. In my view this should change. Let us not forget that at the heart of both of these cases are real victims.”

Mr Barber’s letter: ““I would ask the home office to consider requiring the police to record the birth sex of detainees in the custody record. Recording this additional information as well as someone's preferred gender would allow detainees to be treated respectfully, whilst still ensuring that custody records and crime figures accurately reflect crimes committed by male and female offenders.

“Only a legislative change to the police and criminal Evidence Act will ensure a consistent use of the rules and will be able to overcome potential conflicts with the gender recognition act around the disclosure of information. Whilst it remains important that detainees in police custody, who must of course be considered innocent, are treated with respect and dignity, it is also vital for the safeguarding of victims and maintenance of public confidence that the police record factual information accurately and consistently.”