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Publication - FOI / EIR Release

Criminal record checks and reviews 2016-17: FOI release

Published: 5 Sep 2017

Information request and response under the Freedom of Information (Scotland) Act 2002.

FOI reference: FOI/17/01776
Date received: 2 August 2017
Date responded: 4 September 2017

Information requested

For the period beginning 1st March 2016 to 1st March 2017 can you please confirm the following:

1. The total number of criminal record checks that were conducted at standard or enhanced level?

2. The number of criminal record checks that were conducted at standard or enhanced level where the individual concerned was below the age of 18 at the time of the application?

3. The number of certificates that were eligible for independent review, where the person concerned was under the age of 18?

4. The number of certificates that were eligible for independent review, where the person concerned was aged 18 or above?

5. The number of certificates where a spent conviction was automatically filtered?

6. The number of certificates where multiple convictions were automatically filtered?

7. The number of applications for review in respect of a certificate relating to a person below the age of 18?

8. The number of applications for review in respect of a certificate relating to a person aged 18 or above?

9. The number of certificates that were referred to a Sheriff for review, which resulted in a criminal conviction being removed?

10. The number of certificates that were referred to a Sheriff for review, which resulted in criminal record information being amended?

11. The number of certificates containing multiple convictions where a conviction has been removed following an independent review?

Response

I enclose a copy of all of the information you requested.

1. The total number of criminal record checks that were conducted at standard or enhanced level was 21,520.

2. The number of criminal record checks that were conducted at standard or enhanced level where the individual concerned was below the age of 18 at the time of the application was 935.

3. The number of certificates that were eligible for an application to be made by the subject of the disclosure for review by a Sheriff during this period where the applicant was under 18 at date the certificate was issued was zero.

Note: Only those certificates with Category 2 offences are eligible for review at a Sheriff Court.

4. The number of certificates that were eligible for an application to be made by the subject of the disclosure for review by a Sheriff during this period where the applicant was aged 18 or above at date the certificate was issued was 770.

Note: Only those certificates with Category 2 offences are eligible for review at a Sheriff Court.

5. Our system is to apply the Police Act 1997 and the Protection of Vulnerable Group Acts 1997 Remedial Order (No.2) Order 2015 and the Rehabilitation of Offenders Act 1974 to each conviction on a higher level certificate to determine whether it should be disclosed or not. It is not an automatic filtering process.

6. Our system is to apply the Police Act 1997 and the Protection of Vulnerable Group Acts 1997 Remedial Order (No.2) Order 2015 and the Rehabilitation of Offenders Act 1974 to each conviction on a higher level certificate to determine whether it should be disclosed or not. It is not an automatic filtering process.

7. The number of applications made to a Sheriff by a person below the age of 18 was zero.

8. The number of applications made to a Sheriff by a person aged 18 or above is not available as the number is potentially disclosive.

9. The certificates are not referred to a Sheriff for review, the review takes place upon application by the subject of the disclosure. The have been no applications made to a Sheriff which have resulted in a criminal conviction being removed.

10. The certificates are not referred to a Sheriff for review, the review takes place upon application by the subject of the disclosure. The have been no applications made to a Sheriff which have resulted in criminal record information being amended.

11. See the answer to question 9 above.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses

Contact

Please quote the FOI reference

Central Enquiry Unit
Email: ceu@gov.scot
Phone: 0300 244 4000

The Scottish Government
St Andrew's House
Regent Road
Edinburgh
EH1 3DG

Published:
5 Sep 2017
Criminal record checks and reviews 2016-17: FOI release