Protection of vulnerable groups and disclosure of criminal information: consultation
This consultation seeks views on proposals for the reform to the disclosure regime in Scotland.
1 ‘Higher level disclosures’ are: the standard disclosure and the enhanced disclosure under the Police Act 1997 (“the 1997 Act”), and the scheme record disclosure under the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”).
2 On 22 February 2018 the Scottish Government introduced a Management of Offenders (Scotland) Bill in the Scottish Parliament. This Bill includes progressive reforms to the 1974 Act in Scotland which includes proposals to reduce the period of time a person is required to disclose their conviction before becoming spent. http://www.parliament.scot/parliamentarybusiness/Bills/107731.aspx
3 Under the Rehabilitation of Offenders Act 1974 (Exclusions and Exceptions) (Scotland) Order 2013, as amended these schedules are called A1 and B1 of that Order.
4 The amendment was made by The Protection of Vulnerable Groups (Scotland) Act 2007 (Fees for Scheme Membership and Disclosure Requests) Amendment Regulations 2015 SSI 2015 No. 223 which is at: http://www.legislation.gov.uk/ssi/2015/223/contents/made
8 Professor Fergus McNeill et al, How and Why People Stop Offending: Discovering Desistance, Institute for Research and Innovation in Social Services, 15 April 2012 . https://www.iriss.org.uk/sites/default/files/iriss-insight-15.pdf
9 Who Cares? Scotland, ‘Scotland Works for You’ Guidance, p.19, 25 March 2018. https://www.mygov.scot/scotland-works-for-you/scotland-works-for-you-guidance-pack.pdf?inline=true
10 Dr Beth Weaver, Time for Policy Redemption? A Review of the Evidence on Disclosure of Criminal Records, The Scottish Centre for Crime & Justice Research, March 2018
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