Police Scotland statements on its recording policy: A timeline (updated May 2025)
Introduction
Since 2019 Police Scotland has made various statements explaining and defending its policy in relation to recording the sex of suspects. This blog brings these together. This includes evidence to the Scottish Parliament, Freedom of Information responses, and statements to the media.
Note: Last updated in June 2025, to include key developments from 18 September 2024 onward.
Background
In March 2019, in response to a parliamentary question on Police Scotland recording policy by SNP MSP Joan McAlpine, the then Cabinet Secretary for Justice Secretary Humza Yousaf told the Scottish Parliament:
With regard to victims, witnesses and suspects, Police Scotland and the Scottish Courts and Tribunals Service record incidents according to a person’s self-identified gender. Police Scotland requires no evidence or certification as proof of gender identity other than a person’s self-declaration, unless—it is important to emphasise this—it is pertinent to any criminal investigation with which they are linked and it is evidentially critical that Police Scotland legally requires such proof.
Scottish Parliament Official Report, 13 March 2019
Interest in this issue continued, including further discussion in the Scottish Parliament. With confusion emerging around precisely what approach Police Scotland was taking, in April 2021 we asked them directly whether the policy of recording based on self-identification included men accused or charged with rape, who identified as women. Police Scotland told us clearly that it did.
In June 2021 we lodged a petition with the Scottish Parliament Citizen Participation and Public Petitions Committee. This called on the Scottish Parliament:
to urge the Scottish Government to require Police Scotland, the Crown Office and the Scottish Court Service to record accurately the sex of people charged with or convicted of rape or attempted rape.
The petition remains under consideration by the Citizen Participation and Public Petitions Committee and continues to generate critical political and media interest. The Criminal Justice Committee has taken evidence on the policy and requested further written information. In September 2024 Conservative MSP Rachael Hamilton raised the policy at First Minister’s Questions, where the First Minister described it as an “operational matter” (see below).
The Scottish Police Authority (SPA) has also shown interest. It was raised by the SPA Policing Performance Committee meeting on 18 September 2024.
Later that month, Police Scotland wrote to the Scottish Parliament’s Criminal Justice Committee to give assurance that any ‘man who commits rape or serious sexual assaults will be recorded as a male’. Thereafter, at the SPA Board meeting on 26 September 2024, the Chief Constable confirmed to the Board that Police Scotland would only record rape on the basis of biological sex. The Chief Constable also announced that Police Scotland would undertake a review of sex and gender in relation to data recording, and other relevant policies.
In early 2025, Police Scotland appeared to deny that had it ever recorded rape based on self-identification, although this position is clearly inconsistent with its previous statements to the Scottish Parliament. In June 2025, Police Scotland acknowledged to the Scottish Police Authority that the policy was still unclear. At the same time, the Cabinet Secretary for Justice told the Scottish Parliament that there was “clarity” on the policy.
A timeline of these developments, along with other relevant events (including publication of the Sullivan Review and the For Women Scotland UK Supreme Court ruling) is shown below.
Timeline of Police Scotland statements on its recording policy
Police Scotland, Freedom of Information response, 11 April 2019
Freedom of Information request: When did Police Scotland stop recording incidents according to a person’s biological sex and instead start recording according to self-identified gender?…
Police Scotland response: “… I can confirm that there was no ‘effective date’ for this process, rather it has evolved as best practice and ensures all people are treated fairly and with respect, in line with the Police Scotland Code of Ethics.
With regards to victims, witnesses and suspects, Police Scotland have always treated people as they present and incidents are therefore recorded according to a person’s self-identified gender/sex. We require no evidence or certification as proof of gender identity other than a person’s self-declaration, unless it is pertinent to any criminal investigation with which they are linked and it is evidentially critical that we legally require this proof.”
Police Scotland, Freedom of Information response, 1 April 2021
“If the male who self-identifies as a woman were to attempt to or to penetrate the vagina, anus or mouth of a victim with their penis, Police Scotland would record this as attempted rape or rape and the male who self-identifies as a woman would be expected to be recorded as a female on relevant police systems.“
Detective Superintendent Fil Capaldi, The Times, 17 April 2021
“The sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self-declare, which is consistent with the values of the organisation.“
Police Scotland, 1st submission to the Citizen Participation and Public Petitions Committee, 22 November 2021
“At present Police Scotland’s current operational and recording practice is that sex and gender will be used interchangeably. The sex/gender identification of individuals who come into contact with the police will be recorded on police systems such as crime management and custody databases on how they present unless an alternative gender is disclosed. This is the case for all offences.
In the context of operational duties, officers do not routinely ask the sex or gender of people they interact with. Police Scotland requires no evidence or certification as proof of biological sex or gender identity. There are, however, circumstances where the issue of biological sex may require to be explored for a legitimate policing purpose, for example sexual offences of Common Law Rape and Common Law Sodomy (pre-2010) and more specifically reports of contraventions of Sections 1 and 18 of the Sexual Offences (Scotland) Act 2009. The essential elements to allow the completion of these crimes outlined in the Sexual Offences (Scotland) Act 2009 is the penetration of the vagina, anus or mouth of the victim by a penis or surgically constructed penis. In order to charge a suspect / accused with rape it is therefore evidentially critical to ascertain if they have a penis or surgically constructed penis.
Their self-identified gender is of no relevance to the charge…
There are specific circumstances where a woman may be recorded on police systems as having committed contraventions of Sections 1 and 18 of the Sexual Offences (Scotland) Act 2009. I can confirm this will occur in the following scenarios:
If a woman is art and part of the rape.
Where a person, born male and who identifies as a female (whether they have a GRC or not) and then commits rape (providing they have a penis)…
… given the very low proportion of female suspects/accused, it is inaccurate to suggest, as per the petition, “Only a very small proportion of offenders directly charged with rape or attempted rape would therefore need to be recorded as female to have a substantial and misleading effect on the understanding of female offending”. It is worthy of note that between 2016 and 2020, Police Scotland recorded 10,842 Rapes, this equates to 0.27% of perpetrators recorded as female, as such, any assertion that inaccuracies around the biological sex of a perpetrator recorded are of little if any statistical significance.
Police Scotland also recognise that there are additional challenges in this area as sex / gender is also used more broadly to denote a range of identities that do not correspond to established ideas of male and female.
It may be helpful for you to be aware that in light of recent guidance from the Scottish Government’s Chief Statistician, Assistant Chief Constable Gary Ritchie has instructed Police Scotland’s Data Governance Board to review our internal policies and recording procedures.“
Deputy Chief Constable Malcolm Graham, Oral evidence to the Criminal Justice Committee, 15 December 2021 col. 20-21
“The sex and gender identification of individuals who come into contact with the police will be based on how they present or self-declare. That is entirely consistent with the values of our organisation. We do not require evidence or certification as proof of biological sex or gender identity other than a person’s self-declaration, unless that is pertinent to an investigation with which they are linked as a victim, a witness or an accused.
At the moment, it is a hypothetical debate and, if that were to happen, we would look carefully at each set of circumstances.
We are also awaiting Scottish Government guidance on that complex issue. Our desire is to ensure that the rights and equality interests of any individual, whether they be from the trans community or whether we are talking about the long and hard-fought-for rights of women, are recognised, and I believe that that can be done in a way that is not mutually exclusive.”Letter from Police Scotland to the Convener, Criminal Justice Committee, 28 January 2022
“In 2019, to prepare for the Gender Recognition Act reform which was taking place at the time, Safer Communities E&D team considered a draft Police Scotland policy on Gender Identification and assessed that a Police Scotland position statement was required.
A position statement (below) was developed by Police Scotland. This was approved by the Senior Leadership Board in November 2019 for use in response to enquiries while Police Scotland awaited direction and guidance from Scottish Government on the identification and recording of sex and/or gender, which would emerge from a review by the Scottish Government’s Chief Statistician.
Gender self-declaration position statement:
The sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self-declare, which is consistent with the values of the organisation.
Police Scotland requires no evidence or certification as proof of biological sex or gender identity other than a person’s self-declaration, unless it is pertinent to any investigation with which they are linked as a victim, witness or accused and it is evidentially critical that we legally require this proof, or there is reason for further enquiry based on risk. We would look for the most sensitive way to acquire this information.
The Scottish Government published their Data Collection and Publication Guidance: Sex, Gender, and Trans Status on 22 September 2021. While this considered many factors in how such information should be gathered in a consistent and respectful manner, it does not provide answers to a number of challenges in how organisations should record to meet recording standards.
Further direction and guidance from Scottish Government’s Chief Statistician is awaited, due to Scottish Government’s decision to postpone its proposals to reform the Gender Recognition Act 2004, pending further consultation.”
Police Scotland, 2nd submission to the Citizen Participation and Public Petitions Committee, 3 November 2022
“As detailed in the response on 22 November 2021 officers from Police Scotland do not routinely ask the gender or sex of people with whom they interact and the records created on our IT systems will be based on how the person presents to officers at the time of engagement. This recording practise is applicable for all crimes and offences and is not limited or exclusive to crimes of a sexual nature.”
Police Scotland, 3rd submission to the Citizen Participation and Public Petitions Committee, 30 May 2023
“As you are aware, Police Scotland is currently undertaking a review of recording policy and I can confirm that this is progressing through our internal governance processes. Such a review involves the consideration and agreement of all relevant business areas within the organisation.
I can confirm that the outcome of the review will be presented at our next Professionalism, Strategy & Engagement Management Board (PSEMB). If approved, it will be subject to wider consultation and engagement with relevant stakeholders, with feedback provided to the PSEMB for consideration and progression to the Senior Leadership Board (SLB).
… the gender identification of individuals who come into contact with the police will be based on how they present, unless an alternative gender is disclosed. This is the case for all offences. In the context of operational duties, officers do not routinely ask the sex or gender of people they interact with. Police Scotland requires no evidence or certification as proof of biological sex or gender identity…
For your information, a woman may be recorded as having committed rape in the following scenarios:
- If a woman is art and part of the rape.
- Where a person born male, obtains a full gender recognition certificate and then commits rape (providing they have a penis).
- If the attending officer is satisfied the individual presents as a female and subsequently records them as such on our crime systems which, if the offender is a first time offender and having a new record created on Crime History System (CHS), will be created as female. If the offender already has a CHS record where they are recorded as male, this will only be changed to female if the individual has a full gender recognition certificate as described above.
- Where a person born female transitions to male (who has a surgically constructed penis) commits rape but does not have a full gender recognition certificate and so remains legally female. Again, if the subject already has a CHS record where they are recorded as female, this will remain the case. If the individual presented as male based on the enquiry officer’s assessment and a new record was being created, they would be created as male.
Police Scotland has recently reviewed the report and recommendation around sex and gender recording and is content that the policy approach still meets our legislative responsibilities and operational requirements.”
Police Scotland, 4th submission to the Citizen Participation and Public Petitions Committee Committee, 8 March 2024
“The sex/gender identification of individuals who come into contact with the police will be based on how they present or how they self-declare, which is consistent with the values of the organisation. This practice adheres to legislative compliance, operational need and the values of respect, integrity, fairness and human rights whilst promoting a strong sense of belonging.
Police Scotland requires no evidence or certification as proof of biological sex or gender identity other than a person’s self-declaration, unless it is pertinent to any investigation with which they are linked as a victim, witness or accused and it is evidentially critical that we legally require this proof, or there is reason for further enquiry based on risk. We would look for the most sensitive way to acquire this information.
We recognise that a person may not feel it appropriate for them to be assigned binary options and the situation will be reviewed as we roll out any new IT platforms. We also note the current position of Scottish Government, which is reviewing its guidance on collecting data on sex and gender: Police Scotland will be guided by the outcome of that review.”
Deputy Chief Constable Bex Smith, responding to the SPA Policing Performance Committee, 18 September 2024
“[a] case by case basis is key in this.”
Deputy Chief Constable Alan Spiers, letter to the Criminal Justice Committee Convener, 24 September 2024
“The Committee should be absolutely assured that a man who commits rape or serious sexual assaults will be recorded as a male.”
Chief Constable Jo Farrell, interview with Sky News, 25 September 2024
“If the sex is relevant to the crime, then it is pertinent to the crime, it will be investigated as that person being a man because you can only commit that crime as a man.”
Chief Constable Jo Farrell, statement at SPA Board Meeting, 26 September 2024
“Let me finish by being absolutely clear – a man who commits rape or serious sexual assaults will be recorded by Police Scotland as a male.”
Scottish Police Authority Policing Committee meeting, 10 December 2025
Short Police Scotland report setting out oversight of the Paton review remit and planned approach.
Police Scotland statement, in response to a query about how it had communicated the above policy change to officers, 24 February 2025
“Police Scotland have not adopted any change in policy, we still refer to a positional statement from 2019.”
Police Scotland response to Sky News, when asking about the above response, and whether its policy had changed from 2019, 25 February 2025
“We have been clear that a man who commits rape or serious sexual assaults will be recorded by us as a male.
A male rapist cannot demand to be called a woman and further traumatise his victim – this will not happen…
For context and guidance this doesn’t contradict the 2019 policy which states there is no requirement for evidence or certification as proof of gender identity other than a person’s self-declaration other than a person’s self-declaration unless it is pertinent to any criminal investigation.
Clearly, it would be pertinent in the case of a rape or sexual assault investigation.”
Publication of the Independent review of data, statistics and research on sex and gender by Professor Alice Sullivan, 19 March 2025
In September 2024, both the SPA Chair and Chief Constable stated that they looked forward to the publication of the Independent Sullivan Review. The Review recommends collecting clear data on biological sex, and where necessary, separate data on gender reassignment and/or gender identity. We have written about the practical implications for Police Scotland here.
For Women Scotland v Scottish Ministers UK Supreme Court ruling, 16 May 2025
The Police Scotland interim report on the Paton Review published in December 2024 stated, ‘The review will take into account challenges, such as the legal dispute currently progressing through the supreme court, centring on what “sex” actually means in law (reference to the physical state of male or female)…’.
In May 2016 the Supreme Court judgment confirmed that the terms “man”, “woman” and “sex” in the Equality Act 2010 refer to biological sex.
Police Scotland Freedom of Information response, 21 May 2025
“There is no set policy on the gender and pronouns used by Police Scotland when a suspect/criminal is transgender… At this time Police Scotland deals with each incident on a case-by-case basis.”
Police Scotland roundtable on sex and gender, 29 May 2025
As part of the Paton Review on sex and gender, Police Scotland held a stakeholder roundtable on its recording policy on 29 May 2025. Following the event, Police Scotland issued a consultation questionnaire to invitees. Further details about the event are here.
Whistleblowing allegations, Herald, 8 June 2025
On 8 June 2025 the Herald reported the following allegations about Police Scotland’s recording policy (and lack thereof).
“A source told The Herald there is widespread confusion and unease among staff over how suspects who identify as transgender are recorded in official systems….
However, the veteran officer — whose identity The Herald is protecting — said that while many believe there is a formal policy requiring them to record people “as they present”, no such document appears to exist, leaving staff to navigate sensitive and legally significant decisions without clear guidance or legal backing.
She said: “People are under the impression that there is a policy which says that we have to record someone in accordance with how they present…
A Police Scotland spokesperson said: “It is inaccurate and misleading to suggest a male accused of rape would be recorded as a woman.”
Police Scotland remarks to the Scottish Police Authority Policing Performance Committee meeting, 10 June 2025
The Daily Mail reported the following account of the SPA Committee meeting, which discussed an interim report by Police Scotland on its policy review on sex and gender. At the meeting SPA Committee member Katharina Kasper enquired if there was a “policy vacuum”, expressed concern at the pace of change, and disappointment at the interim report, which lacked substantive detail.
“Ms Kasper voiced a ‘degree of frustration’, adding: ‘I am concerned about public confidence in Police Scotland because this process has been taking so long, and about the impact on officers and staff.’
She said Police Scotland’s policy on recording gender remained unclear despite the Supreme Court ruling which should have cleared up any confusion.
In March, police chiefs asked an equalities watchdog – the Equality and Human Rights Commission (EHRC) – for advice about whether they should allow rapists to self-identify as women, and provide single-sex changing rooms for staff.
Last year Chief Constable Jo Farrell said the public and MSPs should be ‘assured’ that a man who commits rape or serious sexual assault will always be recorded as male.
In March, the Mail revealed that this stance, which campaigners said was a major policy U-turn, was not communicated to officers, sparking claims that police may have misled parliament.
Responding to Ms Kasper, Ms Paton said ‘policing is not immune to the complexity of this issue’, adding that she ‘acknowledged [Ms Kasper’s] frustration’, while Mr Speirs said she ‘understood’ her concerns.“
Covering the same meeting, the Scotsman reported:
“Reflecting on the report, Ms Kasper said she was “a little bit disappointed” by it. She said: “We had been promised a substantial product by DCC Spiers and having read this paper, it is an interim update on all the work that’s been done. But I’m still none the wiser as to the actual substance of the issue.”
Cabinet Secretary for Justice, Scottish Parliament 10 June 2025
When asked about the whistleblowing allegations noted above, the Cabinet Secretary for Justice stated that there was clarity over Police Scotland’s recording policy.
Pauline McNeil, Labour MSP: “…Given the press reports, is the cabinet secretary concerned about the apparent lack of clarity that is being experienced by officers on the front line about how to record the sex and gender of suspected serious sexual offenders?
Cabinet Secretary for Justice and Home Affairs, Angela Constance: “I believe that there currently is clarity. Bearing in mind that this is an operational matter, I will provide the response that Police Scotland gave to the press reports. It said: “It is inaccurate and misleading to suggest a male accused of rape would be recorded as a woman. It is inaccurate and misleading to suggest female officers and members of staff are coerced into carrying out intimate searches on male prisoners.”
Conclusion
Police Scotland has repeatedly stated unequivocally that it will record the sex of men accused or charged with rape based on self-declaration.
In April 2021, Police Scotland told us:
If the male who self-identifies as a woman were to attempt to or to penetrate the vagina, anus or mouth of a victim with their penis, Police Scotland would record this as attempted rape or rape and the male who self-identifies as a woman would be expected to be recorded as a female on relevant police systems.’
It has told the Scottish Parliament:
There are specific circumstances where a woman may be recorded on police systems as having committed contraventions of Sections 1 and 18 of the Sexual Offences (Scotland) Act 2009 [including] Where a person, born male and who identifies as a female (whether they have a GRC or not) and then commits rape (providing they have a penis)… (November 2021)
And:
This recording practice is applicable for all crimes and offences and is not limited or exclusive to crimes of a sexual nature. (November 2022)
And:
a woman may be recorded as having committed rape in the following scenarios:….Where a person born male, obtains a full gender recognition certificate and then commits rape (providing they have a penis) [or] If the attending officer is satisfied the individual presents as a female and subsequently records them as such on our crime systems which, if the offender is a first time offender and having a new record created on Crime History System (CHS), will be created as female…. (May 2023)
Police Scotland has also told the Scottish Parliament that it anticipates introducing an additional recording category for non-binary identities, so that some offenders will be recorded as neither male or female. In September 2024, Police Scotland told the SPA that it makes recording decisions on a ‘case by case’ basis, although it is unclear what this means.
Against a backdrop of mounting criticism, in September 2024 Police Scotland changed tack. On 26 September 2024 the Chief Constable told the SPA Board:
Let me finish by being absolutely clear – a man who commits rape or serious sexual assaults will be recorded by Police Scotland as a male.
In early 2025 Police Scotland then stated that its policy had not in fact changed. In response to a query from Sky News, Police Scotland appeared to further deny that its recording policy had ever provided for self-identification in the context of sexual assaults (see blog below).
Several months later, a Police Scotland Freedom of Information response indicated that it did not have a policy and took a case-by-case approach to recording. A Police Scotland whistleblower has also alleged that there is widespread confusion over the policy, Conversely, the Justice Secretary told the Scottish Parliament that she believed that there was “clarity” on Police Scotland’s approach.
With continuing critical focus on the policy, we think it is important to recall how persistently and clearly Police Scotland has defended its use of self-identification over recent years, when it has been pressed to record offenders’ sex accurately. If the Paton Review on sex and gender is to be taken seriously, Police Scotland needs to be upfront and admit that it has repeatedly failed to hold a coherent line on one of the most sensitive areas of data recording.