Date lodged: 24 April 2019
To ask the Scottish Government what discretion there is for Disclosure Scotland in reviewing the length of time that an individual's criminal conviction is required to be disclosed on a PVG certificate based on (a) the nature of the crime committed and (b) whether no further crimes are committed by the person concerned over a set period in future.
Answered by: Maree Todd 8 May 2019
Disclosure Scotland does not have any discretion over the length of time a criminal conviction is disclosed on a PVG scheme record.
In processing an application for a PVG scheme record disclosure, the content is determined by the law as provided for in the Protection of Vulnerable Groups (Scotland) Act 2007 as amended by The Police Act 1997 and Protection of Vulnerable Groups (Scotland) Act 2007 Remedial (No. 2) Order 2015 (Scottish Statutory Instrument 2015 No 423).