§ Mr. SheermanTo ask the Secretary of State for the Home Department if he will review the procedure whereby minor offences committed by a young offender remain on their record and affect opportunities for employment. [54687]
§ Mr. MichaelThe retention of records of convictions and cautions held in national or local police records are subject to the Association of Chief Police Officer (ACPO) weeding guidelines, which are currently under review. In general, the retention period for criminal records depends on the seriousness of the offence and whether the subject of the record reoffends. Criminal records are retained for the purposes of crime prevention and detection and the apprehension and prosecution of offenders. The weeding guidelines do not differentiate between the criminal records of juvenile and adult offenders.
Police records are only disclosed for the purpose of viewing a person's suitability for employment where there are important considerations of public interest to justify departure from the general rule of confidentiality. In addition, the Rehabilitation of Offenders Act 1974 applies to all convictions of the court. The length of the rehabilitation period, after which a conviction is spent, depends on the sentence passed by the court, and, for offenders aged under 18, the rehabilitation period for many sentences is halved. The Rehabilitation of Offenders Act does not apply to cautions, reprimands and final warnings. We shall be considering whether the Act should apply to these non-judicial disposals and will be consulting on the issue.