22 September 2017
Following a judicial review one part of the PVG process has been found to be in breach of European Human Rights Legislation, this breach is in relation to the list of offences that are always going to be disclosed on an individual’s PVG.
The proposed amendments to deal with the judgment are the subject of this consultation which can be found here.
The offences listed in schedule 8A will remain unchanged and the list therefore continues to comprise serious offences. The new right to apply to the sheriff for the removal of disclosure information will allow an application for removal of a spent conviction after a period of time has passed since conviction for a schedule 8A offence. This application can be made:
- 15 years from the date of conviction, where the person was aged 18 or over at the date of conviction, or
- 7.5 years from the date of conviction, where the person was aged under 18 at the date of conviction.
If no application to a sheriff is made, automatic disclosure of a spent conviction for an offence on schedule 8A will continue indefinitely.
To assist with ensuring that the appropriate changes are made to the PVG process this consultation has been launched and the closing date for responses is the 26 November 2017.
We are encouraging all organisations that are enrolled with Volunteer Scotland Disclosure Services to read over the information that is linked and respond to the consultation.
This is your opportunity to feedback into this proposed change to the PVG scheme.