Step Down/Removal of Information
West Yorkshire Police will not be performing the "step down" of any conviction data from the Police National Computer.
Members of the public should be made aware that any data held on the Police National Computer (PNC) will be held indefinitely, and that the "step down" process has been suspended.
The decision has been made following the Five Chief Constables v The Information Commissioner on the 19th October 2009 and follows guidance from the Association of Chief Police Officers (ACPO) for the subsequent implementation of Police Forces.
- It confirms the power of the Police Service to retain conviction data including reprimands, warnings and cautions. In effect this means that all convictions will be retained on the PNC until an individual’s 100th birth date. Therefore, irrespective of whether the date of application for a step down was received prior to the court decision, cases will no longer be stepped down as a result of this adjudication.
- It justifies a broad interpretation of policing purpose which includes the requirement in law for the Service to supply conviction data to the Crown Prosecution Service (CPS) which have a legislative requirement to place before sentencing, a full record of offender’s convictions so that the residing Judge or Magistrates can reach an appropriate view on sentencing tariff.
- It articulates the view that a complete record of criminal convictions should be revealed, where appropriate, to the Criminal Records Bureau under Part V of the Police Act.
- It confirms that this case should not be confused with S & Marper. This Appeal relates to conviction data where as S & Marper concerns the retention of biometric data which had been taken from an individual arrested for a recordable offence but not convicted or charged.
- The Lord Justices made it clear that it is for Parliament and not for the Information Commission alone to consider any limitation on the indirect access of others for the content of the PNC.
Please click here to view a site offering advice on the Rehabilitation of Offenders Act 1974 which identifies all issues where employers or prospective employers may or may not take account of convictions.
Early Deletion of Biometric Information from National Police Systems.
Under new legislation, you may apply in certain circumstances to have your fingerprints and DNA profiles deleted from national police systems, namely the National Fingerprint Database (IDENT1) and the National DNA Database (NDNAD).
Removal of Biometric information under the Protection of Freedoms Act
The removal of DNA & Fingerprints under the Protection of Freedoms Act 2012 is an automated process which West Yorkshire Police has no responsibility and receive no notification
You can obtain details of what information is recorded about them on Police Records by submitting a Subject Access application to the ACPO Criminal Records Office. Instruction on how to apply can be obtained from ACRO on 0845 601399, email [email protected] or online at http://www.acro.police.uk/home.aspx .