Police backed on criminal records

Monday, October 19, 2009

The Court of Appeal has ruled in favour of the police in a landmark case on the retention of criminal record data.

Five police forces had challenged a ruling that they should delete records on criminal convictions. Five members of the public had complained to the Information Commissioner originally in 2007. They said their criminal records were for petty crimes that were committed many years ago and should be deleted by now. Since then, the police forces have been battling in the courts to have the order reversed, warning that up to a million records would have to be erased.

The Court of Appeal has ruled in favour of the police forces, saying convictions, however old and however minor, can be of value in the fight against crime.

The police said if the original ruling had been upheld, it would have created a "liars' charter", where people could deny criminal convictions on job applications once the deletion deadline had passed.

Three judges ruled that retaining information was far easier to justify than actually disclosing the information to others.

"If the police say rationally and reasonably that convictions, however old or minor, have a value in the work that they do, that should, in effect, be the end of the matter," said Lord Justice Waller, sitting with Lord Justices Carnwath and Hughes.

Humberside, Staffordshire, Northumbria, West Midlands and Greater Manchester were the five forces involved.

The five members of the public were refused the right to appeal to the new Supreme Court.

Ian Redhead, the Association of Chief Police Officers' (ACPO) director of information, told the BBC: "This data assists police officers in their work in preventing crime and protecting the public and the loss of such valuable information would have been detrimental to that.

"Although principally used for police purposes, these records are also critical to the courts, the Criminal Records Bureau, the Independent Safeguarding Agency, the Crown Prosecution Service and the Home Office, who all supported this appeal."

The Liberal Democrat shadow home secretary, Chris Huhne, said he thought it hard to explain why keeping records of minor crimes for 100 years is proportionate.

"The main issue is not with the police, but with the other organisations that share information. It is ridiculous that people are denied jobs because of a trivial offence committed decades ago," he said.

"There has to be a stage where we wipe the slate clean for minor offences and let people apply for jobs and move on with their lives."

One of the cases was a record held by Humberside Police about the theft of a 99p packet of meat in 1984. The person involved, who was under 18 at the time, was fined £15. Another, held by West Midlands Police, referred to a theft which took place more than 25 years ago, for which the individual was fined £25. And a third, held by Staffordshire Police, related to someone under 14 who was cautioned for a minor assault.

Current police policy is to retain criminal records for 100 years.