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THE POLICE ACT 1997 AND THE PROTECTION OF VULNERABLE GROUPS (SCOTLAND) ACT 2007 REMEDIAL ORDER 2015

THE POLICE ACT 1997 AND THE PROTECTION OF VULNERABLE GROUPS (SCOTLAND) ACT 2007 REMEDIAL ORDER 2015

Thursday, September 10, 2015

ISBN: 9781785446412

This document gives public notice of the Police Act 1997 and the Protection of Vulnerable Groups (Scotland) Act 2007 Remedial Order (“the 2015 Order”) as is required under section 14(2) of the Convention Rights (Compliance) (Scotland) Act 2001 (“the 2001 Act”). This document also seeks written observations on the 2015 Order.

Executive Summary

The Order provides that:

 

• certain spent convictions will continue always to be disclosed due to the serious nature of the offence;

 

• rules will be applied to certain spent convictions to determine the content of standard and enhanced disclosures under the 1997 Act and the scheme record disclosure under the 2007 Act (these disclosures are collectively referred to as ‘higher level disclosures’);

 

• certain spent convictions which are not for offences which are on the lists of ‘offences which must always be disclosed’ or ‘offences which are to be disclosed subject to rules’ will generally not be disclosed due to the minor nature of the offence;

 

• all spent cautions (within the meaning given in schedule 3 of the Rehabilitation of Offenders Act 1974) will never be disclosed;

 

• individuals who have a spent conviction for certain offences which have not yet reached the point at which the rules would prevent disclosure of the conviction can indicate to Scottish Ministers that they intend to make an application to a sheriff requesting a new certificate from which that information has been removed;

 

• where an application to a sheriff is made, the issue of a higher level disclosure to the person who countersigned the disclosure application or request will not take place until the sheriff has made a determination on the application;

 

• there will be a new test in section 113B(4) and section 49(1)(c) of the 2007 Act for the provision of other relevant information by the chief officer of a relevant police force in connection with higher level disclosure applications.

 

We have included our partial Business and Regulatory Impact Assessment (BRIA) and partial Equality Impact Assessment (EQIA)which we welcome your views.