This snapshot, taken on
10/08/2011
, shows web content acquired for preservation by The National Archives. External links, forms and search may not work in archived websites and contact details are likely to be out of date.
 
 
The UK Government Web Archive does not use cookies but some may be left in your browser from archived websites.
Cabinet Office

7. Persons under 18 convicted of first minor offence

After section 63I of the Police and Criminal Evidence Act 1984 (for which see section 6) insert -

“63J Retention of section 63D material: exception for persons under 18 convicted of first minor offence

  1. This section applies to section 63D material which -
    1. relates to a person who -
      1. is convicted of a recordable offence other than a qualifying offence,
      2. has not previously been convicted of a recordable offence, and
      3. is aged under 18 at the time of the offence, and
    2. was taken (or, in the case of a DNA profile, derived from a sample taken) in connection with the investigation of the offence.
  2. Where the person is given a relevant custodial sentence of less than 5 years in respect of the offence, the material may be retained until the end of the period consisting of the term of the sentence plus 5 years.
  3. Where the person is given a relevant custodial sentence of 5 years or more in respect of the offence, the material may be retained indefinitely.
  4. Where the person is given a sentence other than a relevant custodial sentence in respect of the offence, the material may be retained until -
    1. in the case of fingerprints, the end of the period of 5 years beginning with the date on which the fingerprints were taken, and
    2. in the case of a DNA profile, the end of the period of 5 years beginning with -
      1. the date on which the DNA sample from which the profile was derived was taken, or
      2. if the profile was derived from more than one DNA sample, the date on which the first of those samples was taken.
  5. But if, before the end of the period within which material may be retained by virtue of this section, the person is again convicted of a recordable offence, the material may be retained indefinitely.
  6. In this section, “relevant custodial sentence” means any of the following -
    1. a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000;
    2. a sentence of a period of detention and training (excluding any period of supervision) which a person is liable to serve under an order under section 211 of the Armed Forces Act 2006 or a secure training order.

The Public Reading Stage was open for comments for three weeks from 15 February to 7 March 2011 and has now closed. Your suggestions will be considered by Parliamentarians as the Bill passes through the House of Commons. Thank you for your suggestions.

3 Responses to 7. Persons under 18 convicted of first minor offence

  1. Neil Macehiter says:

    This means that a 13 year old subjected to a custodial sentence of 4 years will not see their material removed until they are 22. What is the rationale behind storing it for the duration of the sentence plus 5 years?

    • John Jackson says:

      There is some evidence that criminal behaviour at a young age is strongly indicative of future criminal behaviour. Therefore the timescales seem reasonable.

      However, if the 13 year old has to declare this when he gets older and is looking for a job, there is a strong possibility that his chances of work will be blighted, and the chances of more criminal behaviour increased.

      This section therefore needs careful thought, in particular around whether qualifying offences for minors should be different to the adult list.

  2. John Jackson says:

    Criminal behaviour in minors can be indicative of future criminality, so the short-term retention is not unreasonable. However will having this record blight a persons chances of getting a job later on, and therefore increase the chance of more criminal behaviour?

    Perhaps the list of qualifying offences for minors should be tighter than for adults, or at least the circumstances carefully considered at the time of sentencing, and some flexibility allowed.