Amendment to PVG

24 September 2015

Scottish Ministers want to strike a balance between protection of the public and vulnerable groups and the rights of individuals not to have to disclose routinely certain spent convictions.

Public protection will remain at the forefront of the system of standard, enhanced and PVG scheme record disclosures by ensuring certain spent convictions will continue always to be disclosed due to the serious nature of the offence. However, these reforms will allow those with minor criminal convictions to put their past offending behaviour behind them, supporting them to become productive members of society.

How will these changes affect me?
These changes only have an impact on -

  • standard disclosures

  • enhanced disclosures, and

  • PVG Scheme Records.

These changes have no impact on  –

  • basic disclosures.

Who will the changes affect?
If you have never been convicted of or cautioned for an offence the changes will have no impact on you.

Will these changes alter the application process?
No, there will be no change to how people should apply for disclosures.

What conviction information must  always be disclosed?
The law requires the following always to be disclosed –

  • any unspent convictions, and

  • any spent convictions contained in a list of serious offences that must always be disclosed.

Further information on which offences must be disclosed will be provided in due course.