Police Scotland blasted for lack of ‘gender and pronouns' policy on trans suspects
It follows the UK Supreme Court ruling earlier this month
POLICY ROW Police Scotland blasted for lack of 'gender and pronouns' policy on trans suspects
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POLICE Scotland bosses were blasted today for saying they still don't have a 'set policy' on the use of 'gender and pronouns' for suspects who identify as the opposite sex.
The national force was criticised after issuing a position statement following May's landmark Supreme Court ruling.
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A freedom of information response from Police Scotland said it 'deals with each incident on a case-by-case basis'
Credit: Alamy
A freedom of information response from Police Scotland - following questions about how it treats sex attackers - said it 'deals with each incident on a case-by-case basis'.
The force also said it has 'no set policy on the gender and pronouns used by Police Scotland when a suspect/criminal is transgender'.
It comes after Chief Constable Jo Farrell appeared to clarify the service's rules on sex offenders in September, when she said biological male rape suspects would be 'be treated and we will investigate them as a man'.
And it follows the UK Supreme Court last month clarifying that sex in equalities law means biological sex, not how someone identifies.
Today, Scottish Conservative equalities spokesperson Tess White said it 'defies belief' that Police Scotland 'still doesn't have a clear policy on the accurate recording of sex'.
She said: 'The Supreme Court's ruling couldn't have been clearer. The onus is on John Swinney to ensure that public bodies, including Police Scotland, are abiding by it.'
The Tory MSP said the latest development was a reminder of the dangers posed by the likes of biological male double-rapist Isla Bryson - formerly known as Adam Graham - who was initially sent to a women's prison, sparking a backlash in 2023.
Ms White said: 'The Isla Bryson scandal exposed the dangerous way in which the SNP's flawed gender self-ID policy could be exploited. It allowed a predatory man into a women's prison and put female inmates at risk.'
A spokeswoman for For Women Scotland, which won the Supreme Court case, said: 'We really can't keep up with the knots Police Scotland is tying itself into.
'It's really quite simple, all rapists are male and Police Scotland, of all organisations, should be following the evidence and facts.'
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Last month's Supreme Court ruling has led to a list of organisations adapting their gender policies.
But the Scottish Government has so far refused to change its own or issue new guidance to public bodies - like Police Scotland - saying it's awaiting further instruction from the UK's Equalities and Human Rights Commission. The EHRC has already issued 'interim' guidance.
The Police Scotland FoI request was published this week by the force, and first reported by The Herald.
A person had asked the force whether it records the sex of someone suspected in a rape or sexual assault case based on DNA or self-identified gender, and what guidance it follows when recording the sex and gender of individuals who are suspected of criminal activity.
The Police Scotland FoI response said: 'There is no set policy on the gender and pronouns used by Police Scotland when a suspect/criminal is transgender.'
It said police procedures on the identification and recording of sex and gender 'is evidence-led, aligns to legislative and operational requirements and is in keeping with our values of policing with integrity, fairness and respect, and upholding human rights'.
The force added: 'At this time Police Scotland deals with each incident on a case-by-case basis.'
Police Scotland also said it was currently reviewing its approach, taking into account the Supreme Court judgement.
The Scottish Sun revealed in 2021 how the national force said they would record a rape as being committed by a woman if an attacker 'identifies as a female' - even if they haven't legally changed gender.
At a Scottish Police Authority meeting this week, Ms Farrell was asked about when a long-awaited new policy would be in place.
She said there were a number of 'moving parts' and said: 'We will do this once and we will do it right.'
She added it was important not to make 'missteps' given the sensitivity of subject.
Asked how the latest statement squares with Ms Farrell's September comments, a Police Scotland spokeswoman referred back to the top cop's statement to the Scottish Police Authority the same month, when she said: 'A male rapist cannot demand to be called a woman and further traumatise his victim – this would not happen.'
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