Criminal History System

D McIntyre made this Freedom of Information request to Scottish Police Services Authority

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

Dear Scottish Police Services Authority,

This request is centred around the Scottish national computer system commonly referred to as the CHS. I understand that the current system in place is referred to as CHS2 and when referring to that system I will use the term CHS2 and when referring to its predecessor I shall refer to it as CHS1. When referring to legislation, this refers to all forms of primary and secondary legislation, i.e. Acts of Parliament as well as Statutory Instruments, etc.

Firstly, please provide details of UK and/or Scottish legislation that were relevant in establishing CHS1 and defining its usage and retention policies.

Secondly, please provide details of UK and/or Scottish legislation that were relevant in establishing CHS2 and defining its usage and retention policies.

Thirdly, please provide details of UK and/or Scottish legislation that are relevant in establishing the practice and the policy surrounding the transfer of data (specifically around an individual's criminal record) to the Police National Computer [PNC]. Please provide all information pertinent to both CHS1 and CHS2.

Yours faithfully,

D McIntyre

Campbell, Pat,

Dear Mr McIntyre,

Reference: 045-2011

I refer to your email correspondence, which I received 12 August 2011.

In line with the Freedom of Information (Scotland) Act 2002, a decision
will be taken on the information requested within 20 working days from the
date the request was received, and communicated to you.

You can expect a formal response by 12 September 2011.

Thank you for your enquiry

Regards

Pat Campbell

Information Assurance Officer

Legal and Compliance Department

Scottish Police Services Authority

Elphinstone House

65 West Regent Street

Glasgow G2 2AF

show quoted sections

Campbell, Pat,

Dear Mr McIntyre,

Reference: 046-2011

I refer to your email correspondence, which I received 11 August 2011.

In line with the Freedom of Information (Scotland) Act 2002, a decision
will be taken on the information requested within 20 working days from the
date the request was received, and communicated to you.

You can expect a formal response by 12 September 2011.

Thank you for your enquiry

Regards

Pat Campbell

Information Assurance Officer

Legal and Compliance Department

Scottish Police Services Authority

Elphinstone House

65 West Regent Street

Glasgow G2 2AF

show quoted sections

Campbell, Pat,

1 Attachment

Dear Mr McIntyre,

Reference: 045-2011

Please find attached a formal response to your request for information
dated 12 August 2011.

Thank you for your enquiry

Regards

Pat Campbell

Information Assurance Officer

Legal and Compliance Department

Scottish Police Services Authority

Elphinstone House

65 West Regent Street

Glasgow G2 2AF

show quoted sections

Dear Campbell, Pat,

Thank you very much for your time in responding to this request. I have a single request and additional clarification.

Request - If possible, could you please provide me a copy of the document that contains the 'historical SCRO/ ACPOS Working Group on Recording and Weeding Policy recommendation' that is mentioned regarding recording juvenile offender information on CHS only. If you do not have the documentation available, would you be able to advise what agency is most likely to retain a copy of the above.

Clarification - You state that currently 'it is the Criminal Justice Service Desk at the SPSA that decides what is recordable and non-recordable for transfer to PNC' and go on to refer to '...recordable and non- recordable crimes on PNC are determined by the National Police Records (Recordable Offences) Regulations 2000 – applicable to England & Wales only'

Does this mean that an offence that is applicable to Scotland only and therefore not included in the National Police Records (Recordable Offences) Regulations 2000 as a recordable offence could be classed as a recordable offence by the Criminal Justice Service Desk at the SPSA? Does the SPSA have a document detailing what offences they would consider to be recordable offences and therefore subject to transfer to the PNC and if so would it be possible to provide me with a copy of the above.

Yours sincerely,

D McIntyre

Campbell, Pat,

NOT PROTECTIVELY MARKED

Dear Mr McIntyre,

Reference: 050-2011

I refer to your email correspondence, which I received 25 August 2011.

In line with the Freedom of Information (Scotland) Act 2002, a decision
will be taken on the information requested within 20 working days from the
date the request was received, and communicated to you.

You can expect a formal response by 22 September 2011.

Thank you for your enquiry

Pat Campbell

Information Assurance Officer

Legal and Compliance Department

Scottish Police Services Authority

Elphinstone House

65 West Regent Street

Glasgow G2 2AF

NOT PROTECTIVELY MARKED

show quoted sections

D McIntyre left an annotation ()

Mr Campbell,

Further to your response, there is an error in your text. Where you quote the Police (Scotland) Act 1967 your reply refers to the The Police (Scotland) Amendment Regulations 1994 as making the insertions at s.47(1)and(2) where it is actually s.62 of the Police and Magistrates’ Courts Act 1994 which makes these insertions. I appreciate this is not an error on your part, but on whatever database you use for referencing legislation.

Thanks

D.McIntyre

SPSA FOI, Scottish Police Services Authority

2 Attachments

Dear Mr McIntyre

Reference: 050-2011

Please find attached a formal response to your request for information
dated 24 August 2011.

Thank you for your enquiry

Pat Campbell

Information Assurance Officer

Legal and Compliance Department

Scottish Police Services Authority

Elphinstone House

65 West Regent Street

Glasgow G2 2AF

show quoted sections

Dear Mr Campbell,

Thank you very much for this detailed response, it answers my question, it will lead onto another question, but I'll create a new FOI request for that.

Yours sincerely,

D McIntyre