Police Scotland to carry out searches 'based on biological sex'
READ MORE: SNP Government 'to cut spending by £2.6 billion per year', Finance Secretary says
Police Scotland, the UK's second largest force after the Met, said it must ensure it is acting in line with its duties under the Equality Act and the Human Rights Act and that officers and staff must feel confident that they are conducting searches lawfully.
Guidance from the force states that officers and staff will undertake all searches, whether in custody or as part of a stop and search interaction, which involve the removal of more than a jacket, gloves, headgear, or footwear, on the basis of biological sex.
If an individual whose gender differs from their biological sex is subject to search and asks to be searched by an officer of their gender identity, guidelines state that efforts will be made to ensure an appropriate officer conducts the search 'where this is operationally viable'.
The guidelines added that in these circumstances, the search will require the written consent of the authorising officer, the transgender person to be searched, and the officer who will conduct the search.
Police Scotland officers can refuse to search a transgender detainee under the guidance.
Transgender detainees will also be given the option to ask for a separate area search depending on their anatomical presentation and if there are no officers willing to conduct a search in line with the person's gender identity, the detainee will be supervised until a suitable officer is found.
(Image: Andrew Milligan/PA Wire)
The guidance added that if a willing officer is not found within a 'reasonable time' or the 'risk is deemed to be too great', a search will be carried out by an officer of the same biological sex of the detainee.
Transgender officers will only search in line with their biological sex and can also be exempt from searching.
A transgender officer can search a transgender detainee if they are of the same biological sex, but if they are of different biological sexes, both parties would need to consent to the search.
Detainees can refuse to be searched by a transgender officer, in which case the officer would be swapped out.
Assistant Chief Constable Paton said it is crucial that Police Scotland continues to fulfil its legal duties while ensuring officers and staff feel confident in conducting searches lawfully.
She said: 'This is a complex and important area of policing, and searching members of the public is a significant intrusion of their personal liberty and privacy.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Scottish Sun
an hour ago
- Scottish Sun
Woman hit by bus on busy Glasgow road as cops lock down scene
CRASH HORROR Woman hit by bus on busy Glasgow road as cops lock down scene Click to share on X/Twitter (Opens in new window) Click to share on Facebook (Opens in new window) A WOMAN has been hot by a bus on a busy Glasgow road. The horror accident happened this afternoon on Barrhead Road outside the Cowglen Golf Club. Sign up for Scottish Sun newsletter Sign up Police have sealed off the road and are diverting drivers away from the scene. The woman has been rushed to hospital to be treated. A spokesperson for Police Scotland said: "Around 3.50pm on Monday, 18 August, 2025, we received a report of a crash involving a female pedestrian and a bus on Barrhead Road, Glasgow. "The pedestrian has been taken to hospital for treatment. "The road is currently closed between Boydstone Road and Kennishead Road. "Drivers are asked to use alternative routes." More to follow... For the latest news on this story keep checking back at The Scottish Sun. is your go to destination for the best celebrity news, football news, real-life stories, jaw-dropping pictures and must-see video. Like us on Facebook at and follow us from our main Twitter account at @TheScottishSun.
Daily Mail
an hour ago
- Daily Mail
UK's first trans judge to challenge Supreme Court's landmark gender ruling using European human rights laws
Britain's first transgender judge has lodged an appeal with the European Court of Human Rights (ECHR) against the landmark Supreme Court ruling on the definition of a woman. Victoria McCloud is seeking a rehearing of the case as she claims the UK's highest court undermined her Article 6 rights to a fair trial when it declined to hear evidence from her. In April the Supreme Court ruled unanimously that 'woman' and 'man' refer to biological women and men in the context of the Equality act and that 'the concept of sex is binary'. Ms McCloud - who left her role as a judge last year - is seeking a review as she claims the Supreme Court refused permission for her to provide evidence on how its clarification of the law would affect trans people. But women's rights campaigners have dismissed the case as a 'fantasy' and say Ms McCloud should exhaust 'all domestic legal remedies' before appealing to the court in Strasbourg. The former judge will be represented by Oscar Davies, the UK's first openly non-binary barrister, and Olivia Campbell-Cavendish, the founder of the Trans Legal Clinic and the UK's first black trans lawyer. 'There is no space for decision-making about us, without us,' Ms McCloud said in a statement yesterday. 'I intend to ensure that there will be no peace for the gender-critical ideological movement, the Labour Government appeasing it, or space in our schools, homes and workplaces for an ideology which causes harm, misery and oppression of a small and law-abiding minority in our formerly tolerant country.' A spokesman for the Trans Legal Clinic said: 'For the trans community, it embodies a simple truth: there must be no more conversations about us, without us. 'At its heart lies the principle in Article 6 of the European Convention on Human Rights; the right to a fair and impartial hearing by an independent tribunal. 'This cornerstone of democratic societies exists to guarantee that those whose rights are affected can take part in proceedings that determine their future.' However Maya Forstater, chief executive of human rights charity Sex Matters, said Ms McCloud's appeal is legally 'incomprehensible' and a 'fantasy'. She said: 'What we are being told about this proposed case is incomprehensible. The ECHR only hears cases that have exhausted all domestic legal remedies, and since McCloud wasn't a party to For Women Scotland in the Supreme Court, that's not the case here. 'It's a fantasy that someone can go straight to Strasbourg to complain that the Supreme Court in their own country didn't listen to them.' Ms Forstater added: 'This looks more like a deceptive and expensive PR campaign than a serious legal strategy.' The Supreme Court can consider outside arguments from 'interveners' at its discretion but rarely allows individuals to intervene and often rejects them if it will hear the same arguments from others. In the biological sex case, the UK's highest court did consider arguments on trans issues from the human rights campaign group Amnesty International. Susan Smith - from For Women Scotland, which brought the Supreme Court case - said that it is the Supreme Court's 'prerogative whether to accept interventions or not' and that it 'rarely takes interventions from individuals' 'We will watch with interest whether McCloud's application is accepted by the ECHR or even if it comes within the deadline to proceed,' she added. Ms McCloud transitioned in the 1990s and became the first transgender barrister and judge in the UK. She stood down last year, saying she could not continue her work amid the increasingly fraught public debate. In her resignation letter, Ms McCloud likened herself to civil rights activist Rosa Parks. It comes as Culture Secretary Lisa Nandy was criticised for wearing a trans rights T-shirt with the slogan 'protect the dolls' while attending a Pride march in her Wigan constituency. Critics have said a government minister should not be promoting the slogan and described it as a 'middle finger from the Labour Government'. The term 'doll' is a slang term from the 1980s for biological men who 'pass' as women but has seen a revival after celebrities including Pedro Pascal, Madonna and Tilda Swinton were photographed in a £75 T-shirt emblazoned with the slogan. James Esses, a gender critical campaigner and therapist, said it was a 'middle finger from the Labour Government to everyone who believes in biological reality'. Fiona McAnena, from Sex Matters, said: 'No elected representative of the public - let alone a government minister - should be promoting the slogan of campaigners who are calling for men to be able to identify into any space for women'. The Culture Secretary was contacted for comment.
Rhyl Journal
2 hours ago
- Rhyl Journal
Sturgeon making Salmond claims because he cannot defend himself, niece says
Christina Hendry said if the former first minister and Alba Party leader was alive today he would have defended himself 'with every fibre of his being'. Ms Sturgeon made several claims about her predecessor in her memoir Frankly, which was published last week. She accused Mr Salmond of creating conspiracy theories over sexual harassment allegations and said he did not read the independence white paper before the referendum in 2014. Ms Sturgeon also said Mr Salmond 'wanted to destroy me' and would have rather seen the SNP fail than succeed without him. Appearing on the BBC's Good Morning Scotland programme, Ms Hendry criticised Ms Sturgeon. She said: 'The way I see it is if my uncle was here today, these things would not be being said. 'I believe they are being said because he's not here to defend himself, as he would have done with every fibre of his being.' Asked what she thought had motivated Ms Sturgeon to make the claims now, Ms Hendry said: 'I'm unsure. I think there's been a few people questioning that. 'But I think the timing of these things being said – there's been a number of years where they've not been said, that these things could have been said, and the timing of it now, where she's released the book and is looking to publicise that. 'I think many people have thought that could be the case.' In her book, Ms Sturgeon said Mr Salmond had never produced a 'shred of evidence' that he was a victim of a conspiracy, adding that he admitted to her the substance of one of the complaints against him. A judicial review into the Scottish Government's handling of complaints against Mr Salmond found the investigation was tainted by apparent bias while a court cleared him of all charges. Ms Hendry said: 'The bottom line is he was cleared in the highest court in Scotland and I think I'm unsure as to why it's being brought up. 'I do think there were people conspiring against him, and I think there's the truth will still come out. 'There are things to still come out in the public, and I think there are many people who should be thinking about their actions.' Ms Hendry added that her family was united in pursuing legal action against the Scottish Government over its botched harassment probe. In December, she announced she would run to be an MSP in one of Mr Salmond's former seats. Ms Hendry said she would contest the Banffshire and Buchan Coast seat for Alba that her uncle had planned to campaign in before his death in North Macedonia in October.
