Disclosure (Scotland) Bill: children rights and wellbeing impact assessment

Children’s rights and wellbeing impact assessment (CRWIA) explores the impacts of the Disclosure (Scotland) Bill on children and young people.


1. At present higher level disclosures (the standard disclosure under the 1997 Act, the enhanced disclosure under the 1997 Act and the PVG scheme record under the PVG Act) may contain information about spent convictions for offences listed on schedules 8A and 8B of the Police Act 1997. It is necessary that relevant and serious convictions can continue to be disclosed in the public interest and under the proposals laid out in the Bill these will be restated as List A (replacing 8A) and List B (replacing 8B).

2. The Age of Criminal Responsibility (Scotland) Bill as passed by Parliament on 7th May 2019 will increase the age of criminal responsibility to 12, meaning that any behaviour which took place before a person's twelfth birthday will not be disclosable as a conviction but as a form of relevant police information.

3. Disclosure Scotland Business Analysts 01/08/2018

4. Access NI does not permit standard or enhanced checks for people aged under 16 (https://www.nidirect.gov.uk/articles/types-accessni-checks) and the Disclosure and Barring Service doesn't permit checks for any person aged under 16 (https://www.gov.uk/government/organisations/disclosure-and-barring-service/about)

5. Disclosure Scotland Business Analysts 20/11/2018

6. Disclosure Scotland Business Analysts 31/07/2018


Email: DSPolicyTeam@disclosurescotland.gov.scot

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