Joining the police with a criminal record

[name removed April 2013] made this Freedom of Information request to Lothian and Borders Police This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was successful.

[name removed April 2013]

Dear Lothian and Borders Police,

Here is a link to some criminal conduct offences capable with
disposal at a HM Forces summary hearing (a solicitor is not allowed
for summary hearings):-
http://www.legislation.gov.uk/ukpga/2006...

Subject to the freedom of information act 2000:-

1) What is your police policy on recruitment of
new police officers with criminal records (I would assume its a
national policy?)

Often members of HM Forces do not realise that they have a criminal conviction from a summary hearing, as they have been denied legal advice.
http://www.telegraph.co.uk/news/uknews/d...

2) Could I please request, if an ex HM forces soldier applied to
join the police. With which convictions from this list in
the link bellow would he be allowed to join?
http://www.legislation.gov.uk/ukpga/2006...

3)With the answers to the above question, when the conviction became spent could the individual then join police?

4)Here are is a list of recordable criminal offences unique to our armed forces that also count as criminal convictions.
http://www.legislation.gov.uk/uksi/2009/...
Would any convictions from this list prevent an individual joining the police?

5)With the answers to the above question, when the conviction became spent could the individual then join police?

6) Does the police have any powers to investigate our armed forces, can I request any policy that states they are unable to do so? (As it seems Grampion police cannot)

7) Finally if an allegation of misconduct were made to your police force PSD (alleging that in a police interview tape had been edited to hide the fact that legal advice had been denied). Could the professional standards department refuse to reply to the complaint and hand it to someone else to reply stating that all correspondence would be filed unanswered, similar to a letter I have received bellow. Can I request any policy or guidelines your police PSD have regarding responding to complaints?

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Dear Mr [last name of requester removed]
Our Ref: Air/CmdSec/BusSec/M&C/Parl/TOC/2012
5 November 2012
I am replying to your correspondence to OC PSD dated 16 August, RAFP HQ DMP and OC PSD RMP both dated 26 September, your request via Ask a Minister on 29 September, your requests via Whatdotheyknow.com on 29 September and 16 October, your email to Andrew Robathan on 3 October and your email to Tara Etherington on 25 October regarding your conviction for Criminal Damage.
The Department has responded to your correspondence on this subject on numerous occasions since 21 October 2011 and has nothing further to add on the subject.
In these responses the Department’s position has been made clear and no further purpose will be served by continuing the correspondence. Consequently, all MOD Staff have been instructed not to reply to any further communication from you on this subject, due to the disproportionate diversion of resources caused to the RAF Police and Air Command staffs. You should note that any further correspondence from you on this subject will be filed unanswered.
Yours sincerely [Original signed]
Adam Powell
Head of Secretariat

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On a final note, I would also like to add, there has been much correspondence between myself and the RAF since October 11, but it took nearly a year to get hold of a copy of my interview tape. The complaint is not as old as the date suggests, and my allegation of interview tape editing only dates back from August this year.

Yours faithfully,

[first name of requester removed] [last name of requester removed]

Lothian and Borders Police

Dear Mr [last name of requester removed]

REQUEST FOR INFORMATION;
FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your email received 14 November 2012 seeking information. I will answer your questions in turn.

1) What is your police policy on recruitment of new police officers with criminal records (I would assume its a national policy?)

An updated copy of the ACPO / ACPOS National Vetting Policy For the Police Community (version 3.1) can be viewed on Northants Police website. Specifically, you may wish to view the relevant pages which relate to Standard Operating Procedure 4, 'Recruitment Vetting' and Standard Operating Procedure 8, 'Convictions/Cautions Criteria'. For ease, I have provided a link; (www.northants.police.uk/files/documents/Freedom%20Of%20Information/ac%5EACPO%20National%20Vetting%20Policy.pdf)
Therefore, Section 25 of the Freedom of Information (Scotland) Act 2002 applies; Information Otherwise Accessible.

2) Could I please request, if an ex HM forces soldier applied to join the police. With which convictions from this list in the link bellow would he be allowed to join?
http://www.legislation.gov.uk/ukpga/2006...

Unfortunately, it is not possible to set out a full list of convictions that will preclude an individual from joining the Police. The reason for this is each case is considered on its own merits and if the offence is deemed sufficiently serious, a person will be rejected. Therefore, as this information is not specifically held, Section 17 of the Freedom of Information (Scotland) Act applies.

3)With the answers to the above question, when the conviction became spent could the individual then join police?

Please see answer provided to Question 2

4)Here are is a list of recordable criminal offences unique to our armed forces that also count as criminal convictions.
http://www.legislation.gov.uk/uksi/2009/... Would any convictions from this list prevent an individual joining the police?

You may wish to read the pages of the above link relating to the Standard Operating Procedure 8; 'Convictions/Cautions' which requires an individual to declare 'Any Involvement with the Military authorities on Disciplinary matters (whether involving Court Martial or not). Therefore, please see answers to questions 1 & 2.

5)With the answers to the above question, when the conviction became spent could the individual then join police?

Please see answer to question 4

6) Does the police have any powers to investigate our armed forces, can I request any policy that states they are unable to do so? (As it seems Grampion police cannot)

Police Officers may investigate military personnel if an incident or crime is reported as occurring within our Force area. Alternatively, if you are seeking a response relating to our Police Force investigating the 'Armed Forces' as a whole, this information is not held. Therefore, Section 17 of the Freedom of Information (Scotland) Act 2002 applies; Information Not Held.

7) Finally if an allegation of misconduct were made to your police force PSD (alleging that in a police interview tape had been edited to hide the fact that legal advice had been denied). Could the professional standards department refuse to reply to the complaint and hand it to someone else to reply stating that all correspondence would be filed unanswered, similar to a letter I have received bellow. Can I request any policy or guidelines your police PSD have regarding responding to complaints?

A copy of our Complaints Procedures can be found on our website. For ease, I have attached a link; (www.lbp.police.uk/contact_us/complaints_against_the_police.aspx)
Again, Section 25 of the Freedom of Information (Scotland) Act 2002 applies; Information Otherwise Accessible.

I hope this information is of use to you. If you have any questions about the above or I can help in any other way, please do not hesitate to get in touch with me again. However, under the Freedom of Information (Scotland) Act 2002, you have the right to appeal if you are dissatisfied with the way in which we have dealt with your enquiry. This should be done within 40 working days of receiving this email. If you wish to appeal please contact Rachel Watson, Head of Force Information Unit, Lothian and Borders Police, Police Headquarters, Fettes Avenue, Edinburgh, EH4 1RB. Please note that subsequent to this internal review there is a right of appeal to the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Yours Sincerely

Paul Wallace
Force Information Unit
Lothian and Borders Police

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