FOI/202600512317 · FOI · unclear
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.
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Contact Please quote the FOI reference Central Correspondence Unit Email: contactus@gov.scot Phone: 0300 244 4000 The Scottish Government St Andrew's House Regent Road Edinburgh EH1 3DG
Detected exemption language
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).
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