Disclosure Scotland - Recorded Police Warnings information: FOI release

Information requested

Given that Recorded Police Warnings (RPWs) are 'weeded' (i.e. removed) from the Criminal History System (CHS) after two years, can any information about the RPW still be included in Level 2 and PVG disclosure checks performed two years after the RPW issue date?

Response

Recorded police warnings are an alternative to prosecution (AtP). These are set out in legislation as a warning in respect of an offence given by a constable in Scotland (see section 8B(1)(a) of the Rehabilitation of Offenders Act 1974 (“the 1974 Act”) as it applies in Scotland). Such a warning is spent immediately as it is given (see Schedule 3, paragraph 1 of the 1974 Act as it applies in Scotland) and is not recorded as a conviction which means that Disclosure Scotland cannot automatically include information about such a warning on a Level 1 or Level 2 disclosure.

Information relating to a recorded police warning could be disclosed by Police Scotland as "other relevant information" on a Level 2 disclosure. This decision does not involve Disclosure Scotland. It is the chief constable's decision. Any request on retention and use of information on recorded police warnings from the Criminal History System for such decisions should be directed to Police Scotland.

About FOI

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