Police Scotland's Chief Constable has admitted the force delivered too many 'mixed messages' on gender self-identification policies, pledging that individuals who commit rape will always be officially recorded as male.
Clarity After Confusion
Jo Farrell acknowledged the need for greater clarity in Police Scotland's approach during evidence to Holyrood's citizen participation committee. The session addressed a petition calling for police, the Crown Office, and Scottish Courts to accurately record the sex of people charged or convicted of rape or attempted rape.
'Police Scotland supports the petition,' Ms Farrell stated unequivocally. 'A man who rapes or attempts to rape a woman, girl or other victim is, should be and will be recorded by Police Scotland as a male.'
Complex Custody Questions
While committing to accurate crime recording, the Chief Constable revealed that biological males who self-identify as female would still be treated as women while in police custody. This distinction between official recording and custody treatment prompted intense questioning from committee members.
Ms Farrell described gender self-ID as a 'complex' area but vowed that her 'priority is to protect victims'. She reflected on Police Scotland's previous 2019 position, which stated that biological sex or gender identity was based on self-declaration unless relevant to an investigation.
'On reflection, and having observed the intense public debate around gender identification and the at times mixed messages from Police Scotland,' she said, 'I wanted to provide further clarity and direction in this area.'
Prison Placement Concerns
Committee member Fergus Ewing pressed for clarification on whether treating biological males as females in custody could influence prison service decisions about housing offenders in women's facilities.
'If you treat that person as a female, does that not open a gateway whereby it facilitates the Scottish Prison Service coming to the conclusion that it is safe for a biological male to be placed in female prisons?' Mr Ewing questioned.
The Chief Constable declined to comment on prison service operations, stating she 'can't be drawn' on what other agencies do and refusing to say whether she agreed that biological males should not be housed in women's prisons.
Deputy Chief Constable Alan Speirs added that Police Scotland would seek to record cases where biological men identify as female, acknowledging 'lots of conflation about sex and gender identity' in previous approaches.
The policy group Murray Blackburn Mackenzie, which lodged the original petition, welcomed what they called a 'balanced and respectful approach' while questioning why it took 'so many years of pressure and scrutiny' to reach this position.
Scottish Conservative equalities spokesman Tess White described the clarification as 'a victory for common sense' while criticising the time taken for Police Scotland to reach this conclusion.
