Disclosure Scotland policy statement

The Crown Office and Procurator Fiscal Service (COPFS) complies fully with the Code of Practice (“the Code”), issued by Scottish Ministers under section 122 of Part V of The Police Act 1997 (“the 1997 Act”), for the purposes of assessing applicant’s suitability for positions of trust. 

The Code sets out obligations which COPFS as a registered body must adhere to, regarding disclosure information issued under the 1997 Act and the Protection of Vulnerable Groups (Scotland) Act 2007 (“the 2007 Act”). 

Disclosure information provided to COPFS will be used for the purposes of assessing applicants’ suitability for positions of trust. We undertake to treat all applicants for positions fairly and not to discriminate unfairly against the subject of a Disclosure based on a conviction or other information revealed.  

We aim to ensure any applicant or member of staff is not subject to less favourable treatment on the grounds of their ‘protected characteristic’, or is disadvantaged by any condition which cannot be shown to be relevant to performance.

COPFS actively promotes equality of opportunity for all with the right mix of talent, skills and potential and welcomes applications from a wide range of candidates. The selection of candidates for interview will be based on skills, qualifications, and experience.

A Level 2 Disclosure check will be requested for all potential employees/workers, agency workers and contractors. All application forms, job adverts, careers literature website and any other appropriate literature will contain a statement that a Level 2 Disclosure check will be requested in the event of the individual being offered a conditional position.

Where a Disclosure form’s part of the recruitment process, COPFS will encourage all applicants to provide details of their criminal record (in accordance with the Rehabilitation of Offenders Act 1974) at the application stage.  

We will use disclosure information only for the purpose for which it was requested and provided. Disclosure information will not be used or disclosed in a manner incompatible with that purpose. We will not share disclosure information with a third party unless the subject has given their written consent and has been made aware of the purpose of the sharing.

Due to the nature of the work carried out by COPFS, we are exempt from certain provisions within the Rehabilitation of Offenders Act 1974.  In terms of the Rehabilitation of Offenders (Exclusions & Exceptions) (Scotland) Order 2013 (as amended) applicants are required to declare all unspent convictions and cautions and may be required to disclose spent convictions and cautions. Due to the nature of the work carried out by COPFS, and in so far as permitted by the relevant legislation, we will not usually accept applications from external candidates who have previous convictions relating to violence, dishonesty, or drugs.

We undertake to ensure an open and measured discussion about any offences or other matters which may be considered relevant for the position concerned. Failure to reveal information, as permitted by relevant legislation, which is directly relevant to the position sought could lead to withdrawal of an offer of employment.

Disclosure information is only shared with those authorised to see it in the course of their duties.

We will not retain any paper or electronic image of the disclosure information. We will, however, record the date of issue, the individual’s name, the disclosure type, and the purpose for which it was requested, the unique reference number of the disclosure and details of our decision. The same conditions relating to secure storage and access apply irrespective of the period of retention.

We will ensure that disclosure information is destroyed in a secure manner i.e., by shredding, pulping, or burning. We will ensure that disclosure information which is awaiting destruction will not be kept in any insecure receptacle (e.g., a waste bin or unlocked desk/cabinet).

Having a criminal record may not preclude you from working with COPFS. This will depend on the nature of the position, together with the circumstances and background of your offences.