Juveline offenders weeding policy

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 partially successful.

Dear Scottish Police Services Authority,

Following on from the response I received in this request:

http://www.whatdotheyknow.com/request/cr...

the document 'REPORT OF THE SCOTTISH CRIMINAL RECORD OFFICE WORKING GROUP ON RECORDING AND WEEDING POLICY' states at section 3.8:

"3.8 Supervision Orders

Following on from this it is recommended by the Group that weeding Residential Orders imposed on juvenile offenders should occur under the 20/40 weeding rule. Furthermore, Non-Residential Supervision Orders should weed on the offender’s 21st birthday.

This would remove the current ambiguity surrounding the weed dates for Supervision orders. At present, where a supervision order does not continue beyond the subjects 18th birthday, it will weed on their 18th birthday. If it
extends beyond this date, even by one day, it will stay on the record until the subject’s 21st birthday. A residential supervision order is deemed to be more serious and usually indicates a pattern of ant-social/criminal behaviour.

Recommendation 5: Residential Supervision Orders should weed under the current 20/40 rule and that Non-Residential Orders weed on the offender’s 21st birthday."

Can you please provide some further information around this subject:
(a) What is the current practice around weeding juvenile offender records with regards to Residential Orders
(b) What is the current practice around weeding juvenile offender records with regards to Non-Residential Supervision Orders
(c) If the practice differs to the recommendation set out in the document above, can you please provide all policy guidance, notes, recommendations and reasoning behind the current policy on weeding juvenile offender records with regards to Residential and Non-Residential Orders (I'm looking for anything which sets out why the policy does not follow the recommendations that were made)

Thank you

D McIntyre

Campbell, Pat,

Dear Ms Cale,

Reference: 054-2011

I refer to your email correspondence, which I received 9 September 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 7 October 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

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Dear Campbell, Pat,

Thanks for your response, it's Mr McIntyre though, hopefully it's just a cut and paste error and not a mixup of FOI requests.

Yours sincerely,

D McIntyre

Campbell, Pat,

Dear Mr McIntyre,

 

Please excuse the cut and paste error.

    

Reference: 054-2011

    

I refer to your email correspondence, which I received 9 September

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 7 October 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

 

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Campbell, Pat,

1 Attachment

Dear Mr McIntyre

 

Reference: 054-2011

 

Please find attached a formal response to your request for information
dated 9 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

T. 0141 534 8944

 

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Dear Scottish Police Services Authority,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Scottish Police Services Authority's handling of my FOI request 'Juveline offenders weeding policy'.

I appreciate the time and effort that has gone into responding to my request, but I do not accept that the SPSA do not hold the information I requested. The document 'REPORT OF THE SCOTTISH CRIMINAL RECORD OFFICE WORKING GROUP ON RECORDING AND WEEDING POLICY' stated that the current practice (in 2008) was that:

"At present, where a supervision order does not continue beyond the subjects 18th birthday, it will weed on their 18th birthday. If it extends beyond this date, even by one day, it will stay on the record until the subject’s 21st birthday."

However you are advising me that the SPSA do not adhere to those practices when you have responded:

"Juvenile disposals (under 16 years old at data entry) are currently deleted from CHS when the subject is, or reaches 16 years old except for Court Disposals and Supervision Orders which are subject to the 40/20 or 30/70 weeding policy as appropriate."

Your response can start with advising me why the current practice differs from the previous. You must have documentation surrounding the change in policy. I would like a copy of all documentation you hold around that change in policy, whether it be e-mail, note, guidance, practice, policy, etc. From that documentation it will then be obvious why, if any, change of policy has rejected the previous recommendations.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/ju...

Yours faithfully,

D McIntyre

Campbell, Pat,

Dear Mr McIntyre,

 

Reference: 054-2011

 

I acknowledge receipt of your email requesting an Internal Review of the
initial decision made in the reference above on 29 September 2011.

 

Your correspondence was received on 30 September 2011 and under the
Freedom of Information (Scotland) Act 2002, the review will be dealt with
promptly and in any case within 20 working days from receipt.

    

You can expect a formal response to the Internal Review by 28 October
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

T. 0141 534 8944

 

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1 Attachment

Dear Mr McIntyre

Please find attached the response to your request for a review in
respect of juvenile offenders.

I undertook the review, having not been involved in the original
decision making process.

In this instance the original decision has been upheld. Further
information clarfying the reason for this is in the attached
response.

Regards

L Davie Senior Compliance Officer