Sex, suspects and secrecy: Police Scotland’s elastic approach to human rights  

Introduction

The recent arrest of 30-year-old Eve Shaw, a man previously known as Adam Shaw who identifies as a woman, has reignited the controversy around Police Scotland’s position on sex and gender identity.

Shaw was arrested after an ‘unknown substance’ was found on a lamppost in Edinburgh. In a statement, Police Scotland said: ‘A 30-year-old woman has been arrested and charged in connection with culpable and reckless conduct.’

When asked about its position, Police Scotland initially declined to comment. Police Scotland then told a Scottish Sun journalist that officers had recorded the suspect’s biological sex in line with policy, but (in the words of the journalist) that ‘any additional statement moved from a discussion about data recording to one that engages a person’s human rights, and their right to a private life’.

This blog looks at how Police Scotland has variously invoked the language of human rights to defend its changing decision-making on sex and gender identity. The analysis further highlights the lack of transparency and clarity in this area, drawing on previously unpublished responses to us made under Freedom of Information.

Police Scotland policy on sex and gender identity  

The approach to public information in the case of Shaw contradicts a statement that Chief Constable Jo Farrell made in November 2025. In giving evidence to the Public Petitions Committee on our parliamentary petition (to ensure that the sex of suspects is recorded accurately in cases of rape) the Chief Constable stated (emphasis added):

Our priorities relate to supporting victims; prosecuting offenders and making sure that those people are brought to justice; and ensuring that, by recording accurately biological sex, our crime data is accurate and we are able to use that information and data across policing and broader public policy.

Chief Constable Jo Farrell, Citizen Participation and Public Petitions Committee Official Record, 12 November 2025

Sex and Gender Update report (Paton Review)

This position was confirmed in a Police Scotland Sex and Gender Update report, following a review led by Assistant Chief Constable (ACC) Catriona Paton.

Police Scotland presented the Paton Review report to the Scottish Police Authority Policing Performance Committee on 17 March 2026, and to the full Authority on 25 March 2026.

The report marked a substantial, if incomplete, shift away from Police Scotland’s previous deference to gender self-identification principles. On the one hand, it confirmed that the single service would record biological sex across all crime types and within the organisation. It also confirmed that Police Scotland had withdrawn its Transitioning at Work policy, which since 2019 had allowed men to access nominally women-only spaces, and replaced this with interim guidance that provided for single-sex facilities.

On the other hand, the report confirmed the continuation of its interim transgender search guidance, as introduced in August 2025. This allows trans-identified suspects to be strip-searched by an officer of the opposite sex, with the nominal ‘consent’ of the searching officer.¹ Our critique of the policy is here.

Role of the Independent Human Rights Advisor  

On presenting the report to the SPA Policing Performance Committee meeting on 17 March, ACC Paton credited the contribution of Independent Human Rights Advisor Jane Gordon. Ms Gordon’s contribution to the review and wider role within Police Scotland is also acknowledged in the main body of the report:

1.5 Independent Human Rights Advisor

1.5.1 The sex and gender review is one part of a much broader and comprehensive organisational effort to improve and strengthen our approach to embedding human rights.

1.5.2 In 2023 a Human Rights Baseline Assessment (HRBA) was commissioned to identify organisational strengths, where Police Scotland was already effectively integrating human rights into policing activities, and gaps and opportunities, where further work was required.

….

1.5.4 Police Scotland’s Independent Human Rights Advisor has been integral to this work and has similarly supported other emergent priorities including the sex and gender review and the Professional Standards Department review and revision of the Code of Ethics which following the introduction of the Police (Ethics, Conduct and Scrutiny) (Scotland) Act 2025.

Police Scotland Sex and Gender update 17 March 2026

Reflecting this close collaboration, ACC Paton invited Ms Gordon to discuss the report and her wider role with SPA Committee members. Ms Gordon explained that she was initially invited by Police Scotland in 2022/23 to conduct an internal review of its strengths and weaknesses in relation to human rights, with “the ambition for Police Scotland to be a human rights-based organisation”. She was then brought back in 2025 to assist further with developing its human rights action plan. Ms Gordon said that her role since 2025 comprised two main elements, one of which was:

… providing advice in relation to strategic policing issues or legal developments that have significant impacts or implications for Police Scotland as an organisation.

Jane Gordon, SPA Policing Performance Committee, 17 March 2026

As part of this strand, Ms Gordon highlighted her work in respect of the Supreme Court judgment. Despite the definitive nature of the ruling, Ms Gordon characterised this as a ‘contested space’ (emphasis added).

To give two examples of that in 2025, one was very obviously the sex and gender work that was already going on at Police Scotland, but with the Supreme Court judgment last April, raised all sorts of issues across the organisation. And I should say the complexity of that was partly because there were questions for Police Scotland as a public service, so for example that was why we needed to look at stop and search and interim guidance in relation to that.

But there were also questions for Police Scotland to grapple with as an employer, and that goes to the work that we did developing the interim guidance on use of facilities. So as everyone is far too familiar with now, questions around who can use toilets, showers, and changing rooms. And that continues to be a contested space, and I’m continuing to monitor and to advise in relation to both High Court decisions and judgments, and also looking at significant employment tribunal decisions, although everybody will be aware that [ET] decisions are not legally binding other than on the parties to those particular cases. So that work continues…

Jane Gordon, SPA Policing Performance Committee, 17 March 2026

Moving the goalposts

Police Scotland describes itself as a ‘rights-based organisation that puts our values of integrity, fairness, respect and a commitment to upholding human rights at the heart of everything we do’.

A closer reading, however, shows a remarkable elasticity in terms of how the single service uses human rights to justify its varying policies. Human rights are invoked throughout the Paton Review, for example with reference to recording biological sex and providing facilities based on sex. The report states:  

1.1.6 …. This work is set in the context of a core focus on respecting and protecting human rights and treating people with dignity and respect, in accordance with our organisational values.

Police Scotland Sex and Gender Review 17 March 2026

Police Scotland also invoked human rights as the rationale for its previous recording policy, based on gender self-identification. In March 2024 it told the Scottish Parliament:

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.

PE1876/FF: Accurately record the sex of people charged or convicted of rape or attempted rape
Police Scotland submission 8 March 2024

In October 2025 Police Scotland defended its identity-based Transitioning at Work policy in the press, stating: 

We must create an inclusive and fair working environment, free from discrimination, which meets the needs of our diverse workforce.

Police Scotland spokesman quoted in The Telegraph Police Scotland allows cross-dressers into women’s spaces 8 October 2024

When replacing this with interim guidance that provided for sex-based facilities, Police Scotland invoked the expertise of its human rights advisor, Ms Gordon.

Police Scotland published interim guidance on 7 August 2025, for police officers and staff on access and use of workplace toilets, changing facilities and shower rooms. This guidance applies to facilities across the whole policing estate….

The Supreme Court judgment directly impacts who is allowed to use single-sex facilities and Police Scotland developed this interim guidance following extensive advice from its legal team and independent Human Rights Advisor, Jane Gordon, as well as engagement with relevant business areas and staff associations.

Scottish Police Authority, SPA Chief Executive’s Report 21 August 2025

Police Scotland previously assessed its 2019 Care and Welfare of Persons in Police Custody Standard Operating Procedure as human rights compliant. This stated that trans-identified detainees ‘should be searched according to the gender they present and live their lives as’. It also cited human rights, including Ms Gordon’s contribution, to defend its revised transgender search policy.

The interim guidance in place for searches ensures Police Scotland continues to act in line with its duties under the Equality Act and the Human Rights Act. The focus is on protecting the safety, privacy, and dignity of everyone involved in the search, while supporting officers and staff to feel confident that they are conducting searches lawfully.

Chief Inspector Derek Cree, quoted in The Herald, Police Scotland transgender strip-search plans face court challenge, 4 September 2026

Police Scotland publishes interim transgender search guidance

Interim guidance around searching of transgender persons and searching by transgender officers and staff has been issued today, Wednesday, 25 June 2025….

The guidance has been developed following extensive advice from our legal team and independent Human Rights Advisor, Jane Gordon, as well as engagement with relevant business areas, staff associations, trade unions, the Scottish Government and other key partners…

Police Scotland June 2025

Human rights and transparency

The apparent instability of Police Scotland’s position on human rights is compounded by a lack of transparency in this area.

Police Scotland refused to release Ms Gordon’s Baseline Review of Human Rights, whose 37 recommendations acted as a significant driver for further policy initiatives. It only did so after an appeal to the Information Commissioner.

The lengthy Baseline Review makes no reference to Police Scotland policies in respect of the conflicting rights of women and trans-identified people, despite covering equality and discrimination. This omission feels surprising given Police Scotland’s active engagement with our own 2021 parliamentary petition on recording rape accurately at the time, which served as the eventual catalyst for the Paton Review that Ms Gordon advised on. It is also surprising in light of the high-profile debate at that time.²

Police Scotland has refused to disclose Ms Gordon’s ‘extensive’ advice in respect of its interim transgender search policy, which continues to provide for gender self-identification.

Whatever advice caused a Police Scotland spokesperson to recently insist that ‘human rights’ require a male suspect to be described specifically as a ‘woman’ remains unclear, as does whether any such advice has come from Ms Gordon.

The price of advice

In January 2026 the Scottish Police Authority (as the named contracting authority for Police Scotland) awarded Ms Gordon a further flexible contract with a £1 million ceiling (excluding VAT) as a Professional Services Human Rights Advisor. We could not find a record of her previous contracts. As reported in The Times, the appointment followed a recommendation in Ms Gordon’s previously unpublished Baseline Review of Human Rights (emphasis added).

… Recruitment documents seen by the Scottish Mail on Sunday reveal that Police Scotland is seeking a “suitably qualified and experienced” human rights adviser. A three-year contract, due to start in January, will cost £725,000 plus VAT, although the force notes that up to £999,000 will be available if costs increase.

The appointment follows a “baseline assessment of the current human rights landscape within Police Scotland”, which produced recommendations to further embed human rights across the organisation. These “require that we prioritise and resource this work to make improvements. Specialist advice and guidance is needed”. The adviser will even be expected to help direct policing operations.

The documents state: “Police Scotland should ensure its executive team have access to operational human rights advice during the planning and execution of complex or sensitive policing operations. The Human Rights Adviser will support in this capability.”

Police Scotland is also recruiting three extra staff “to support the practical implantation (sic) and embedding of human rights and equality, diversity and inclusion within Police Scotland”.

Catriona Paton, an assistant chief constable, defended the spending on a human-rights adviser. “Police Scotland is committed to upholding the human rights of all our communities, both within policing and wider society.

“Human rights advice will provide us with guidance on a wide range of issues to help us deliver sustainable improvements to outcomes across the service.”

The Times Cash-strapped Police Scotland to hire human rights adviser — for £1m 16 November 2025

Conclusion

For years, Police Scotland invoked the language of human rights to justify policies based on gender self-identification that disadvantaged women, including its own officers and staff.   

It has since taken significant steps to undo the institutional damage resulting from its attachment to gender identity ideology, also invoking the language of rights.   

It has reinstated data recording based on biological sex and withdrawn its Transitioning at Work policy. Notably, it responded to the Supreme Court ruling much more quickly than other Scottish public bodies.

Encouragingly, it has very recently recognised Police SEEN Scotland as a diversity staff association, meaning that officers and staff who believe that sex is real, immutable, and sometimes matters now have representation.

This progress has, however,  taken years of engaging with resistant senior managers and a Supreme Court decision. The U-turn on recording sex came about through intense scrutiny coupled with reputational damage.

Despite ready access to an independent human rights advisor since 2023, until the Supreme Court ruling – which simply clarified existing law – Police Scotland showed no interest in balancing the respective rights of women and trans-identified people.  

Moreover, it has still not drawn a clear line. The interim transgender search policy continues to put female officers in a near-impossible position. Worse still, the Scottish Government is seeking to cement this approach into its revised Code of Practice on Stop and Search.³ The High Court has ruled against the charity Sex Matters in its challenge to similar ‘consensual’ searching policies in England and Wales. Sex Matters is seeking permission to appeal this judgment, which it believes is wrong in law.

The case of Adam/Eve Shaw further illustrates how Police Scotland continues to misuse the language of human rights to justify decisions that favour gender identity claims over other considerations, including public trust. It is not alone in doing so, as the separate case reported this week, of a male offender in England described in court as a woman shows.

In defending its decisions Police Scotland has been particularly keen to highlight that it has commissioned independent advice on human rights. Its reluctance to be open about the content of that advice leaves its own officers and the wider public in the dark. The Scottish Police Authority should ask to see all the advice it has received, and question the failure to publish it all.

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Notes

1. Police Scotland introduced its Interim transgender search guidance in May 2025, following the UK Supreme Court ruling in For Women Scotland vs Scottish Ministers. The policy allows trans-identified suspects to be searched by an opposite-sex officer, with the consent of the searching officer and authorising officer. We believe that female officers will be disproportionately disadvantaged, and that meaningful consent cannot be guaranteed in a ranked, male-dominated organisation that until recently, actively promoted a belief in gender affirmation. ↩︎
2. Fieldwork for the baseline review was undertaken between January and April 2023, in the aftermath of gender recognition reform. This coincided with the Isla Bryson scandal, the Section 35 order issued by the UK Government, and the resignation of First Minister Nicola Sturgeon. ↩︎
3. The Scottish Government consulted on a draft Stop and Search Code of Practice in early 2026. The draft Code borrows from the Police Scotland interim transgender search policy and incorporates the ‘consent’ model. Our response to the Scottish Government consultation on the draft Code is here. ↩︎