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Our ref: FOI/09/01397

20 October 2009

Dear Mr Anderson

FREEDOM OF INFORMATION REQUEST REFERENCE NUMBER FOI/09/01397

Thank you for your e-mail of 5 October in which you requested information regarding advice provided by the Scottish Government to Scottish Police Forces in relation to the retention of arrest records. Thank you also for your further e-mail of 14 October in which you provided some clarification of your original request.

The Scottish Government does not provide guidance on the retention periods for police records. It is a matter for the Scottish Chief Constables to decide the appropriate retention period for information held by the police, including arrest records, in accordance with any relevant powers set out in legislation.

The Records Review, Retention and Disposal Schedule developed by the Association of Chief Police Officers in Scotland (ACPOS) can be accessed via the following link:

http://www.acpos.police.uk/Documents/Policies/INFO%20MANAGE_RetentionSchedulev6.0.pdf

Powers for the police to take fingerprints and DNA samples, as well as the retention periods for such samples, are derived from the Criminal Procedure (Scotland) Act 1995. You should refer to this legislation for further information on retention periods for fingerprints and DNA samples.

The Scottish Government previously initiated a Consultation Report on this particular subject which you may find useful. It also sets out proposed developments to the retention regime in Scotland. Accordingly you may wish to view the report which can be accessed via the following link.

http://www.scotland.gov.uk/Publications/2009/02/24104443/0

If you are unhappy with this response to your request, you may ask us to carry out an internal review, by writing to:

Director-General Justice & Communities

Floor 1 W.11

St Andrew's House

Regent Road

Edinburgh

EH1 3DG

Your request should explain why you wish a review to be carried out and should be made within 40 working days of receipt of this letter. We will in turn reply within 20 working days of receipt. If you are not satisfied with the result of the review, you then have the right to make a formal complaint to the Scottish Information Commissioner.

Yours sincerely

Kevin Cassidy
Police Powers & Public Protection Unit
Scottish Government
Police & Community Safety Directorate
Police Division

[email address]