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COPFS

COPFS STAFF CHARGED WITH CRIMINAL OFFENCES OR WITH CRIMINAL RECORDS (R015902)

Thank you for your request dated 19 April 2017 under the Freedom of Information (Scotland) Act 2002 (FOISA) for the undernoted information:

"I wish to make a Freedom of Information request to find out how many members of staff currently employed by COPFS at the date of this FOI request have been charged with criminal offences (which offences) or have criminal records, and for what crimes"

I can advise that since January 2015, we retain records of 9 cases reported to COPFS containing allegations of criminal offences by COPFS staff. The charges reported include road traffic offences, breach of the Criminal Justice and Licensing (Scotland)Act 2010; assault and vandalism.

In respect of your request of how many members of staff currently have criminal records, I can advise that all of our employees undergo a vetting process that includes an enhanced level criminal records check through Disclosure Scotland. This is a ‘point in time’ check and therefore only relevant at the time the check is done and is governed by strict guidelines on who, when and why this information can be sought from Disclosure Scotland. The law does not allow us to retain the Disclosure Scotland response for future reference. Accordingly, in terms of Section 17 of FOISA, information on how many members of Crown Office staff currently have a criminal record is not held.

Our internal procedures require that employees who are subject to criminal conviction or charges are required to disclose this to COPFS as soon as possible. This does not apply to minor traffic offences (for example a parking offence or simple speeding offence) unless the conviction might result in disqualification arising under totting up provisions or involves use of an official car.