The next chunk of posts on a Welsh justice system and independence look at the judiciary, court system, legal profession and access to justice.
With hindsight, this should have been split up into shorter pieces as it ended up covering more topics than I originally planned. As a result, it’s one of the longest posts I’ve ever done – so apologies in advance to those of you who stick with it.
The Current System: PNC, DBS & The DNA Database
Criminal records in England and Wales are currently held on the Police National Computer (PNC) system, which is accessible by all police forces, security agencies and law enforcement agencies in the UK and Crown Dependencies. The agency responsible for managing criminal records is ACRO, based at Hampshire Police.
Vetting and criminal record checks are carried out by Disclosure & Barring Service (DBS), which is a UK Government agency based in Liverpool. The DBS was founded in 2012 as a result of the merger of the Criminal Records Bureau and Independent Safeguarding Authority.
Additionally, in England and Wales DNA profiles are held by the UK National DNA Database. DNA is retained for people charged with or convicted of an offence and since 2012 the records of those not charged or convicted are supposed to be deleted.
Scotland maintains a separate criminal records system and disclosure system, with copies of DNA records sent to the UK National DNA Database.
Options for Wales
The Thomas Commission didn’t appear to make any observations or recommendations on criminal records in their review of criminal justice in Wales.
Criminal Records – Wales would have to establish a separate Criminal Records Service even if criminal justice was only devolved. The PNC system could remain as part of a post-independence agreement, but Wales could adopt different policies for how long criminal records are kept. In England and Wales, PNC records are kept for 100 years, but we could follow Scotland’s example and delete records after 2 years for non-convictions and up to 30 years or longer depending on the seriousness of a conviction.
Vetting & Disclosure – As in Scotland, there would probably need to be a Welsh disclosure/criminal record checking service (“Disclosure Cymru”). This body could take on many of the responsibilities of both ACRO and DBS. This means it would be responsible for vetting by prospective employers, issuing police certificates for visa applications etc. and dealing with requests to inspect personal information held on police files. The budget for Disclosure Scotland is around £21million7 and you would expect the ballpark budget for a Welsh equivalent to be around £12-13million (though some of that would be offset by income raised through fees).
DNA Samples – Similar to the above. There would need to be a Welsh DNA database or equivalent and it would be a good idea to share information with the rest of the former UK under agreed international protocols – like those developed by Interpol and the UK Government. We could make changes to how long DNA samples are held on record depending on the severity of the crime (i.e. DNA samples from those suspected or convicted of sexual and violent crimes may be held for longer than everyone else).
7. Disclosure Scotland, (March 2021). Annual Report and Accounts 2020-21, p28. Available at: https://www.mygov.scot/binaries/mygov/browse/working-jobs/finding-a-job/disclosure/documents-disclosure-scotland/corporate/disclosure-scotland-annual-report-and-accounts/annual+report+and+accounts+2020-21.pdf
