Police Act 1997 (Criminal Records) (Scotland) Regulations 2002
| Jurisdiction | Scotland |
| Citation | SSI 2002/143 |
2002 No. 143
POLICE
The Police Act 1997 (Criminal Records) (Scotland) Regulations 2002
Made 22th March 2002
Laid before the Scottish Parliament 22th March 2002
Coming into force in accordance with regulation 1(2)
The Scottish Ministers, in exercise of the powers conferred by the provisions of the Police Act 19971which are specified in Schedule 1 to these Regulations and of all other powers enabling them in that behalf, hereby make the following Regulations:
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Police Act 1997 (Criminal Records) (Scotland) Regulations 2002 and shall come into force in accordance with paragraph (2).
(2) These Regulations shall come into force –
(a)
(a) in so far as they make provision for the purposes of section 112 of the Police Act 1997, on 29th July 2002; and
(b)
(b) for all other purposes, on 28th April 2002.
(3) These Regulations extend to Scotland and, in so far as regulations 7 and 8 extend beyond Scotland, they do so only as a matter of Scots law.
Interpretation
2. In these Regulations “the Act” means the Police Act 1997.
Application form
3. The form set out in Schedule 2 to these Regulations, or a form to the like effect, is the prescribed form for the purposes of an application under sections 112 (criminal conviction certificate), 113 (criminal record certificate), 114 (criminal record certificate: Crown employment), 115 (enhanced criminal record certificate) and 116 (enhanced criminal record certificate: judicial appointment and Crown employment) of the Act.
Fees for criminal conviction certificates, criminal record certificates and enhanced criminal record certificates
4. The fee payable in relation to an application for the issue of a criminal conviction certificate, a criminal record certificate or an enhanced criminal record certificate is £13.60.
Criminal conviction certificates: prescribed details
5. The following details of a conviction for the purposes of section 112(2)(a) of the Act are hereby prescribed:–
(a) the date of the conviction;
(b) the convicting court;
(c) the offence; and
(d) the method of disposal for the offence.
Relevant matters: prescribed details
6. The following details of a relevant matter for the purposes of sections 113(3)(a) and 115(6)(a)(i) of the Act (including those provisions as applied by sections 114(3) and 116(3), respectively) are hereby prescribed:–
(a) in the case of a conviction within the meaning of the Rehabilitation of Offenders Act 19742, including a spent conviction–
(i) the date of the conviction;
(ii) the convicting court;
(iii) the offence; and
(iv) the method of disposal for the offence;
(b) in the case of a caution–
(i) the date of the caution;
(ii) the place where the caution was given; and
(iii) the offence which the person given the caution had admitted.
Central records: prescribed details
7.—(1) Information in any form relating to convictions–
(a)
(a) held in the criminal history database of the Scottish Criminal Record Office for the use of police forces generally; and
(b)
(b) on a names index held by the Police Information Technology Organisation for the use of police forces generally,
is hereby prescribed as “central records” for the purposes of section 112(3) of the Act.
(2) Information in any form relating to–
(a)
(a) convictions held in the criminal history database of the Scottish Criminal Record Office for the use of police forces generally; and
(b)
(b) convictions and cautions on a names index held by the Police Information Technology Organisation for the use of police forces generally,
is hereby prescribed as “central records” for the purposes of section 113(5) of the Act (including that provision as applied by sections 114(3), 115(6) and 116(3)).
Enhanced criminal record certificates: relevant police forces
8. For the purposes of an application for an enhanced criminal record certificate, “relevant police force” means–
(a) the police force maintained for any police area in Great Britain–
(i) within which the applicant resides or has resided within the period of 10 years preceding the date of the application;
(ii) in which the applicant was born; or
(iii) in which the applicant was convicted at any time;
(b) the Police Service of Northern Ireland if–
(i) the applicant resides or has resided within the period of 10 years preceding the date of the application within Northern Ireland;
(ii) the applicant was born in Northern Ireland; and
(iii) the applicant was convicted in Northern Ireland at any time;
(c) such other police force as the chief officer of police of a police force identified...
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