Police call for ministers to water down disclosure proposals

Police have urged ministers to water down proposed changes to the system for disclosure of criminal offences amid concerns domestic abuse perpetrators will be overlooked.

The Scottish Government set out plans earlier this year to amend the Rehabilitation of Offenders Act 1974, which governs the disclosure of offences by those with criminal convictions.

As part of the shake-up, the period of time for which disclosure still applies is to be reduced for those who have served short-term prison sentences as well as non-custodial sentences.

RELATED CONTENT

Employers urged to consider applicants with criminal records

Civil service set-up blocking applicants with criminal records, admits senior official

However, while acknowledging the need for reform, Police Scotland has raised concerns over the "far reaching" nature of proposed reductions when it comes to particular offences.

Officers point to "little evidential grounds" for reducing disclosure periods for non-custodial sentences such as fines and admonishments – when an individual is given a warning after being found guilty – from five years to 12 months and six months respectively.

“Rehabilitation periods for sexual crimes should be reconsidered,” said a submission from the force as part of ministers’ consultation. 

“This also applies in domestic assault cases. There are cases where six or 12 months is not long enough to show that a pattern of behaviour has changed.

“Domestic assault offenders are often admonished following a period of good behaviour. This would result in a rehabilitation period of six months under the proposals.

“This should be reconsidered as longer periods – e.g. 36 months – are more appropriate for certain types of offending.”

Latest figures show more than one third of men aged over 18 in Scotland are likely to have at least one criminal conviction.

In May, Minister for Community Safety and Legal Affairs, Paul Wheelhouse, warned those who have been through the justice system remain  “one of the most marginalised groups in our labour market and, in fact, our society”.

The consultation on the Rehabilitation of Offenders Act 1974 closed in August, with an independent analysis of the responses expected before the end of the year.

A Scottish Government spokeswoman said: “The responses received to the consultation will inform Scottish Government decisions about next steps in this area.

“Protection of the public will remain at the forefront of any future decisions, which will be made after the analysis has been completed and scrutinised."