Joining the police with criminal convictions

The request was successful.

[name removed April 2013]

Dear Central Scotland 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?

---------------------------------------

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

---------------------------------------

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]

Freedom Of Information, Central Scotland Police

NOT PROTECTIVELY MARKED

Dear [first name of requester removed],

 

Freedom of Information (Scotland) Act 2002 – Acknowledgment

 

Thank you for your request for information below, and is being dealt with
this in accordance with the Freedom of Information (Scotland) Act 2002.
Your request has been given the unique Reference Number : 11-019 please
quote this Reference on any correspondence in relation to your request.  

 

Under the terms of the Act, we have a statutory obligation to respond
within 20 working days from the after your request was received. A
response to your request for information will be sent to you promptly, and
in any event not later than 12th December, 2012. Please allow for postal
time, if sent by mail.

 

Your request may result in us not supplying the information you have
requested, as the Act imposes certain conditions and exemptions on the
information we may supply. It is also possible that the information you
request is controlled by different legislation, but we will let you know
this.

 

If you require any clarification, please do not hesitate to contact me on
01786 456000 or Email:            [1][email address].police.uk  .
However, if you are not satisfied with the way in which your request has
been handled, you are entitled, in the first instance, to request a Review
of the decisions made.  Should you wish to request a Review, please write
to Head of Professional Standards, Professional Standards Department,
Central Scotland Police, Police Headquarters, Randolphfield, Stirling FK8
2HD within 40 working days of receiving this correspondence

 

If, after receiving a response to the Review, you remain dissatisfied, you
have six months within which you may Appeal to the Scottish Information
Commissioner who can be contacted at Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9DS. Phone: 01334 464610 Fax: 01334 464611 or Email
[2][email address] .

 

For further information on Freedom of Information you can visit the
Scottish Information Commissioners website at
[3]www.itspublicknowledge.info .

 

Yours sincerely

Kind regards
Freedom of Information Officer
Central Scotland Police
Police Headquarters
Randolphfield
Stirling  FK8 2HD

Tel:         01786 456000
Fax:        01786 456388
Email:     [Central Scotland Police request email]
Website : [4]http://www.centralscotland.police.uk/
Twitter : [5]http://twitter.com/#!/cspcomms
Facebook : [6]http://www.facebook.com/centralscotlandp...

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show quoted sections

Freedom Of Information, Central Scotland Police

1 Attachment

NOT PROTECTIVELY MARKED

Dear Mr [last name of requester removed],

Freedom of Information (Scotland) Act 2002

Thank you for your request for information received on 14th November and
copied below. I have dealt with this request in accordance with the
Freedom of Information (Scotland) Act 2002 and respond as follows :

Requests: 

As below.
 
Responses:
1. ACPO & ACPOS National Vetting Policy for the Police Community (see
attached document).
2 & 4. The information requested is not held by Central Scotland Police.
However, by way of advice and assistance, our Vetting Officer advises that
eligibility will depend on the nature and circumstances of the offence. It
is not possible to set out a full list of convictions that will preclude a
person from joining the police service. Each case will be considered on
its merits, and if the offence is deemed sufficiently serious a person
will be rejected irrespective of age at the time of offending.
3 & 5. The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
provides that the Act shall not apply to the police service. Police forces
are therefore entitled to ask all prospective applicants for appointment
to or direct employment by a police force, or third parties employed for
the purposes of, or to assist, a Constable of a police force to reveal
spent convictions during the recruitment or vetting process.
6. Primacy lies with the MOD Police to investigate matters relative to
serving personnel which occur upon MOD property, or whilst the individual
is undertaking legitimate duties as directed by the MOD.  If however the
locus of the matter in question was outwith the environs of MOD property,
or it was an "off duty" matter when the individual accused was alleged to
have committed the act in question in a "public place" then primacy for
investigating the matter would fall to the respective police force within
whose geographical area of responsibility the matter occurred.  Similar to
the police service the MOD have an internal misconduct process and they
may undertake misconduct proceedings once the conclusion of the matters as
dealt with by the respective police force is reached.  
7. The Central Scotland Police policy in respect of the scenario you
allude to is as follows:-
Were the subject matter of the interview to relate to an investigation
being undertaken by Central Scotland Police, then in the
specific/individual circumstances alluded to this would be considered as
an allegation of criminality on the part of one or more members of our
staff.  An investigation would be undertaken and the matter forwarded to
the Area Procurator Fiscal to whom all allegations of criminality on the
part of a member of Central Scotland Police must be sent in order that an
independent overview can be taken and further direction provided.  We
could however refuse to reply as per the e-mail notation provided, if the
matter was a repetition of a complaint that had been previously made and
investigated. This response would be sent on behalf of the Deputy Chief
Constable by the Head of PSD. 
The continuance of the author to report the same matter, or to
continually dispute the findings of the primary investigation into the
matter, would see them being advised that such repetitious complaints
would be filed without answer as it is not in the public interest to
continually allocate resources to such matters as have already been
investigated.
 
You should be aware that Central Scotland Police hold the Copyright for
the material provided and it may not be reproduced in any format or media
without acquiring specific permission. This will also be subject to the
material not being used in a derogatory manner or in a misleading context.
The source of the material must then be acknowledged as Central Scotland
Police, and the title of the document must be included when being
reproduced as part of another publication or service.

Police forces in the United Kingdom are routinely required to provide
crime statistics to government bodies and the recording criteria is set
nationally. However, the systems used for recording these figures are not
generic, nor are the procedures used locally in capturing the crime data.
It should be noted that for these reasons this force's response to your
questions should not be used for comparison purposes with any other
response you may receive.

If you require any clarification, please do not hesitate to contact me on
01786 456000 or Email:  [1][email address].police.uk  . However,
if you are not satisfied with the way in which your request has been
handled, you are entitled, in the first instance, to request a Review of
the decisions made.  Should you wish to request a Review, please write to
Head of Professional Standards, Professional Standards Department, Central
Scotland Police, Police Headquarters, Randolphfield, Stirling FK8 2HD
within 40 working days of receiving this correspondence

If, after receiving a response, you remain dissatisfied, you have six
months within which you may Appeal to the Scottish Information
Commissioner who can be contacted at Kinburn Castle, Doubledykes Road, St
Andrews, Fife, KY16 9DS. Phone: 01334 464610 Fax: 01334 464611 or Email
[2][email address] .

Yours sincerely,

 

 

John Brims
Records Manager
Central Scotland Police
Police Headquarters
Randolphfield
Stirling  FK8 2HD

Tel:       01786 456387  Ext : 2387
Fax:      01786 456388
Email:   [3][email address]

 
 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.
    
[4]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?
     [5]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.
     [6]http://www.legislation.gov.uk/uksi/2009/...
(Schedule 1.doc) 
     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?
    
     ---------------------------------------
    
     Dear Mr 
     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]

NOT PROTECTIVELY MARKED

show quoted sections

[name removed April 2013]

Dear Freedom Of Information,

Thank you very much for your full reply.

Yours sincerely,

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

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