Justice Secretary Angela Constance has defended Police Scotland’s policy on recording the sex and gender identity of suspects, as opposition parties and campaigners call for urgent government intervention following explosive claims from a whistleblower inside the force.
The anonymous officer alleged this week that front-line staff are being “coerced” into recording suspects by their self-declared gender identity—even in the most serious cases, including rape. The whistleblower told media outlets that officers fear disciplinary action if they question policies that permit male-born suspects who identify as women to be recorded as female in official crime data.
“There is clarity,” says Constance
Addressing the Scottish Parliament on Tuesday, Constance sought to calm mounting tensions, insisting the government and Police Scotland were confident in the current approach.
“Police Scotland have guidance that is live and operational, and there is clarity about how that operates,” she told MSPs.
But her reassurances did little to quell criticism from MSPs and campaigners, particularly in the wake of mounting legal pressure following the UK Supreme Court’s landmark ruling in For Women Scotland v Scottish Ministers earlier this year. That ruling clarified that under the Equality Act 2010, “sex” refers to biological sex, not self-identified gender—a legal definition with far-reaching implications for policing and data recording.
Cross-party criticism grows
Labour’s Pauline McNeill and the Scottish Conservatives’ Tess White both challenged Constance over whether Police Scotland’s practices are now legally sound and compatible with equality law, especially in sensitive cases like sexual violence.
“It is simply unacceptable that in rape cases a victim could see the suspect officially recorded as female when the alleged perpetrator is male,” White said. “That is not about identity. That is about the integrity of crime data and victims’ rights.”
McNeill pressed the Justice Secretary on whether ministers would formally review the current guidance and provide a public explanation of its legality in light of the Supreme Court’s ruling.
Police Scotland: Gender identity respected, crime recorded appropriately
Police Scotland maintains that both gender identity and legal obligations are taken into account when recording crimes. The force’s long-standing policy, developed in consultation with diversity and inclusion bodies, allows individuals to be recorded by their self-identified gender unless doing so is demonstrably misleading or affects legal proceedings.
A spokesperson for Police Scotland said:
“All crimes are investigated thoroughly regardless of the gender identity of those involved. Officers follow guidance designed to ensure dignity and respect, while meeting the requirements of law and evidential accuracy.”
However, critics say that internal pressure and lack of transparency have created confusion, with officers feeling unsupported when faced with conflicting demands around inclusivity and factual reporting.
For Women Scotland and legal experts weigh in
The advocacy group For Women Scotland, which brought the successful Supreme Court case earlier this year, called for immediate clarification.
“The Scottish Government can no longer dodge the implications of the court ruling. Public bodies cannot record male offenders as female without violating the Equality Act,” said a spokesperson. “This is particularly urgent in the case of sexual offences, where accurate data and safeguarding are paramount.”
Legal experts agree that the judgment now places a duty on public authorities to distinguish between sex and gender identity in official records where sex is a material factor.
No plans to intervene—for now
Despite the controversy, Constance indicated the government has no current plans to revise Police Scotland’s guidance, nor to intervene directly.
“The operational independence of the police must be respected. We have confidence that Police Scotland will ensure their policies align with legal obligations,” she said.
That stance drew accusations of “passing the buck” from campaigners and some opposition MSPs, who argue that the government must take responsibility for ensuring equality law is upheld in all public sector practice.
Background: Sex, gender, and policy clashes
The issue of how sex and gender identity are recorded in official statistics has become a flashpoint in Scottish politics. From census forms to prison placements, the intersection of gender identity, safeguarding, and legal sex continues to divide parties, institutions, and communities.
The debate has intensified post-Bryson case (2023), where a male-born double rapist identifying as female was briefly placed in a women’s prison, sparking outrage and a review of Scottish Prison Service policies. Since then, campaigners have warned that data obfuscation around sex risks skewing criminal statistics and undermining public trust.
Key Issues at Stake
| Topic | Current Policy | Criticism |
|---|---|---|
| Suspect Sex Recording | Based on gender identity unless legally or evidentially inappropriate | Critics say it obscures crime data, esp. in sexual offences |
| Equality Act Compliance | Self-ID recognised for internal reporting | Supreme Court now requires biological sex to be used in legal contexts |
| Rape Case Controversy | Some male suspects recorded as female | Advocates call for policy reversal on safeguarding grounds |
With pressure growing from MSPs, legal campaigners, and a police whistleblower, attention now turns to whether Police Scotland will revise its guidance voluntarily, or whether further legal action or ministerial intervention will force the issue.
As the SNP government faces mounting scrutiny over its handling of gender policy in prisons, policing, and health, Tuesday’s debate suggests this controversy is far from over.
