Claire McNab

RE: https://flipboard.com/@pinknews/uk-news-3r20qt2qz/-/a-VPy5LCg7RJeT7JxM-CYtlQ%3Aa%3A2382343751-%2F0

#PoliceScotland's new policy as reported here is illegal, because it takes no account of a #GenderRecognitionCertificate (#GRC).

The atrocious #UKSC decision in #FWS allows a GRC to be disregarded for purposes of the #EA2010. But it doesn't override a GRC for other purposes.

#GRA2004 ยง22 still applies: https://www.legislation.gov.uk/ukpga/2004/7/section/22

Disclosing info relating to a GRC is a criminal offence. The police focus on "BiologicalSex" risks routine illegal disclosure. I hope #trans are ready to sue

#scotpol

Mar 19 at 11:13amWeb
Show threadClaire McNabMar 19

Note: the 500-character limit squeezed out some caveats I would like to add.

Most importantly, I commented on the new #PoliceScotland procedures _as reported_ by #PinkNews. The report may have been written by someone who is not familiar with the #GRA2004.

So the new #PoliceScotland system may be designed to accommodate the GRA. But if it respects the GRA, then I would expect the police to proudly trumpet that fact.

Maybe someone can ask ScottishTrans to follow up.

Show threadCyberspiceMar 19
@2legged @TCMuffin This is how I understood it too!
Show threadHighlandLawyerMar 19
@2legged
I think someone with locus to do so should be lodging a judicial review ASAP.
Show threadClaire McNabMar 19
@HighlandLawyer Yes! But it needs locus and cash. Lots of cash.
Show threadHighlandLawyerMar 19

@2legged
I did have a passing thought that perhaps the timing was deliberate, to prevent the Crown Office from intervening (as they would have right to do) in something that would be portrayed as "political" immediately before the Scottish elections.

But of course Police Scotland would never be involved in any Operation intended to put the current Scottish administration in a bad light... /s