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Written question asked by Madeleine Moon (Labour) on Wednesday, 12 February 2014, in the House of Commons. It was due for an answer on Monday, 24 February 2014. It was answered by Jeremy Wright (Conservative) on Tuesday, 25 February 2014 on behalf of the Ministry of Justice.


Armed Forces

Question

To ask the Secretary of State for Justice if he will issue guidance on when a sentence issued at a summary hearing within the armed forces becomes spent under the National Police Records (Recordable Offences) Regulations; and if he will make a statement.

Answer

The National Police Records (Recordable Offences) Regulations 2000 provide for the recording in national police records of convictions. It is current police policy to retain all information relating to cautions and convictions on the police national computer until the subject reaches 100 years of age, for police operational reasons and in the interest of the prevention and detection of crime.

Rehabilitation periods for sentences, including for sentences specific to the service justice system (eg detention or dismissal) are set out in the Rehabilitation of Offenders Act 1974, A finding at Summary Hearing within the armed forces that a charge has been proved is treated as a conviction, and any sentence imposed by the commanding officer is treated as a sentence, for the purposes of the 1974 Act.

There is no separate guidance on convictions for service offences, as they are treated in the same way as ‘civilian’ offences. The same rehabilitation periods apply to sentences which are imposed in the service justice system as are imposed by the civilian justice system. In addition, there are specific rehabilitation periods for sentences of dismissal and service detention. However, some advice for service personnel has been included in revised guidance on the Rehabilitation of Offenders Act 1974 which will be published shortly.


Secondary information

Type
Written question
Reference
188105; 576 c244W
Session
2013-14
Subjects
Criminal records Armed forces Vetting
Link
View this Written question on www.publications.parliament.uk