GREATER Manchester Police is one of five forces who have launched a legal challenge to keep old criminal records of minor offences on the national computer database, the Court of Appeal was told.
They are challenging a ruling by the Information Commissioner, upheld by the Information Tribunal, that the holding of such records did not comply with the Data Protection Act.
David Jones, representing the police forces, told a panel of three Court of Appeal judges that the case had "very significant ramifications" for the keeping of conviction and caution records by the police generally.
He said: "The police contend that old and minor convictions records assist detective work and the investigation of criminal offences."
Mr Jones is acting for Humberside, West Midlands, Northumbria, Staffordshire and Greater Manchester police forces.
Under the Data Protection Act, personal information must be relevant, up-to-date, and not excessive. Informaiton can include fingerprints and DNA samples.
But under current policy, criminal records remain on the police national computer for up to 100 years.
One of the cases that came before the Information Commissioner was a record held by Humberside Police about the theft of a 99p packet of meat in 1984. The person involved, who was under 18 at the time, was fined £15.
The individual complained to the icommissioner after this record showed up in checks when he went for jobs. The tribunal ordered that their records should be deleted.
But Mr Jones said Sir Michael Bichard, who headed the inquiry after the Soham murders, had recommended keeping information on a central register after it was found that Ian Huntley had "slipped through the net" when he applied for a job as a school caretaker.
He said there was no evidence that the retention of the information had caused distress to the people involved.
"The (information) tribunal found that the distress would be occasioned by the fear that career prospects would be hampered by the disclosure of the convictions. This may well be so, but the distress arises as a result of the duty of an applicant to disclose all criminal history in any job application," Mr Jones said.
Proceeding
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Showing comments 1 to 13 and replies | View All
john davis (22/06/2009 at 15:15)
chriso, manchester (22/06/2009 at 16:44)
Even the minor conviction will result in your job application getting binned?
Employers work to company guidelines and if you have the slightest mark your not hired,simple as that.
everyone makes mistakes, policeman, politicians,judges,doctors.
The CRB works like a blacklist and it should be banned with the exception for certain job roles. employers need to get a grip, this is not a blacklist and people should be offered postions of work on merit and a blacklist
Pandora (22/06/2009 at 16:55)
Theowolfe (22/06/2009 at 17:08)
Guten Tag, Manchester (22/06/2009 at 18:36)
Deejay, Bury (22/06/2009 at 18:55)
Historians tell you that the STASI has been a dead organisation in the former East Germany for 20 years this year. It seems it is alive and well under the new banner of GMP.
As someone with personal experience of how GMP block you at every turn, I see yet another move by GMP to destroy liberties.
Father Time, elsewhere (22/06/2009 at 19:33)
nyb, ex manc (22/06/2009 at 20:31)
johnnyboy, Ashton-u-Lyne, Lancashire (23/06/2009 at 09:19)
The effect of this retention falls mainly on those people who in their youth had parents who were not legally savvy and could not call on friends in the force or mason's like Tony Blair did when Prime Minister for his son.
Matthew Wright (23/06/2009 at 11:43)
Diggler (23/06/2009 at 14:10)
citycentre, manchester (23/06/2009 at 16:31)
yes, but then of course you accept that once convicted the only future course of action is commit futher, more serious crime
nyb, ex manc (23/06/2009 at 19:46)
Matthew Wright,
reason you find the above comment inappropriate.
Well Mr Wright , you win today's prize for the most self righteous, pompous and soul-less post