Current status: Answered by Angela Constance on 4 July 2025
To ask the Scottish Government what its position is regarding the new Police Scotland Interim Guidance - Searching of transgender persons and searching by transgender police officers and police staff, including that transgender detainees can ask for a separate area search, meaning that one half of their body will be searched by one biological sex officer and the other half of their body will be searched by a different biological sex officer.
The Scottish Government accepts the recent Supreme Court judgment on the definition of sex in the Equality Act 2010 and expects all public bodies, including Police Scotland, to comply fully with their legal duties. The Scottish Government is aware of Police Scotland’s interim guidance, which broadly follows the interim guidance issued by the National Police Chief’s Council. While operational decisions rest with the Chief Constable, all search practices must be lawful, respectful, and uphold the dignity of individuals.