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Tribunal blow to police

22/ 7/2008


POLICE could be forced to erase the names of thousands of people with minor convictions from their databases following a landmark ruling against Greater Manchester Police.

An independent tribunal ordered GMP and four other forces to delete details of people who complained about previous petty convictions being kept on file.

Data protection bosses claimed it was unnecessary for police to keep information about the offences, all of which were for relatively petty crimes and dated back to the 1970s.

But senior police officers say the ruling could open the floodgates and could now allow dangerous individuals to conceal their pasts when applying for jobs or voluntary work.

The landmark case centred on a complaint made by a Manchester woman who had been convicted of stealing £100 from a cash machine in 1983. She was given a suspended sentence and was never in trouble with the police again.

But 24 years later, when the woman applied for a visa to travel abroad, details of her conviction appeared on a clearance form.

The woman complained to the Information Commissioner, who agreed that the force were breaking data protection laws by continuing to store the information.

GMP appealed the case at the Information Tribunal. But the independent panel this week upheld the initial decision and ordered the force to delete the conviction from the Police National Computer.

Complaints brought by individuals against four other forces – Humberside, Staffordshire, Northumbria and West Midlands – were also upheld.

One record held by Humberside Police related to the theft of a 99p packet of meat in 1984. 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.

The tribunal heard evidence that offenders who kept out of trouble 20 years after a conviction were statistically only 0.8 per cent likely to re-offend.

A 50-page written judgement states that the forces should not have kept information on file about offences which had taken place so long ago and were ‘no longer relevant’.

The five forces are understood to be planning a High Court appeal and fear the decision could open the door to thousands of people convicted of minor offences when young to apply to have their criminal record removed.

A GMP spokeswoman said: “We are considering the implications of the tribunal ruling and our possible routes of appeal.”

Under current policy, criminal records remain on the computer for up to 100 years and can be disclosed to third parties such as the Criminal Records Bureau.

The Association of Chief Police Officers, which represents police forces across the country, warned the decision could overturn guidelines introduced after the Soham murders in 2003.

Ian Readhead, a deputy chief constable and the body’s lead on data protection, said: “We are very disappointed with the decision, which could have far-reaching implications for the police service as a whole. The Bichard Inquiry which followed the tragedy of the Soham murders recommended that forces should reconsider the way in which records are managed.

“We will now take some time to discuss these implications with the service and decide on the most appropriate course of action.”

Several complaints were reported to police about school caretaker Ian Huntley but not passed on to his employers during the vetting process.