Old criminal records of minor offences are a valuable tool in the fight against crime and must not be deleted from the national computer database, the Court of Appeal was told today.
Five chief constables are challenging a ruling by the Information Commissioner, endorsed by an 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 appeal judges that the case had ‘‘very significant ramifications’’ for the keeping of conviction and caution records by the police generally.
He said: ‘‘The principal duty of the police is the apprehension of criminal offenders.
‘‘The police contend that old and minor convictions records assist detective work and the investigation of criminal offences.’’ He said it was a police job to evaluate potential risks and seek to protect the public by using such information to minimise the chances of criminal offences being committed.
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, said Mr Jones.
The barrister said the police were under increasing pressure to have such information removed, including fingerprints and DNA samples.
He said the tribunal had found that the retention of the information had caused distress to the people involved but there was no evidence of this.
‘‘The 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.
‘‘The distress is caused by the duty to tell the truth about convictions history and not the police retention of such material.’’ He said a finding by the tribunal to the contrary was illogical.
The tribunal had failed to accept the overwhelming benefits to the police of retaining a comprehensive database, said Mr Jones.
Serving detectives and the Crown Prosecution Service had given evidence to the commissioner saying the information was valuable, he said.
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.
But under current policy, criminal records remain on the police national computer for up to 100 years.
One of the cases involved at the tribunal 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.
Another, held by West Midlands Police, referred to a theft which took place more than 25 years ago, for which the individual was fined £25.
And a third, held by Staffordshire Police, related to someone under 14 who was cautioned for a minor assault.
The individuals complained to the information commissioner after the records showed up in checks when they went for jobs. The tribunal ordered that their records should be deleted.
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