Criminal History System
What is it?
The Scottish Criminal History System (CHS) is a computer system that is used to keep a variety of information, including a record of persons who are convicted of an offence by a court in Scotland and records of alternatives to prosecution where the Police or COPFS have issued an alternative outcome to a person which has been accepted. The CHS records information about people who are subject of a witness bail order or investigative liberation (with conditions) where there is a requirement on Police to enforce conditions of an order. It also holds records of current firearms holders and long-term missing persons. It is used by Police Scotland to prevent, investigate and detect crime and protect the public. Information from CHS is shared with other law enforcement agencies, such as police forces in England and Wales and with agencies like Disclosure Scotland to help them deliver services and keep people safe.
How long do we keep information?
The information on CHS is held for different periods of time; for example, after a certain amount of time, certain convictions become 'spent' and are no longer held on the CHS. Serious crimes such as murder can never be 'spent'. This means that information is not held permanently on the CHS; instead it is ‘weeded’ using the rules published in Police Scotland’s Record Retention Standard Operating Procedure (SOP), ‘Criminal History’ section. A copy of that document is available on the Police Scotland website.
Court Disposals
There are a range of disposals that a judge can give in a criminal court case. A disposal is the sentence, or outcome of the case. The disposal will depend upon the law, as well as the facts and circumstances of the case. The Scottish Sentencing Council provides detailed information about these disposals and what they mean. It is important to note that a person can be found guilty at court but in certain circumstances receive either no punishment or a warning. Any person found guilty at court will be recorded on the CHS, even if they do not receive punishment. Examples are:
- ‘Admonished at court’
Section 246 of the Criminal Procedure (Scotland) Act 1995 states that a court may “dismiss with an admonition any person convicted by the court of any offence”. ‘Admonition’ is therefore a sanction imposed by a court where a person is convicted of an offence and is recorded on CHS.
- Absolute Discharge
When a person is guilty of a charge, the judge can decide to 'discharge' them which means that no punishment is given. In solemn (more serious) cases, a conviction is recorded. In summary (less serious) cases, no conviction is recorded, however, for some purposes (for example if the person is convicted of another crime in the future), it may be regarded as a previous conviction. An absolute discharge is only given in exceptional circumstances.
How can I find out if my information is on CHS?
You can apply for a Subject Access Request and if you are entitled to receive information, you will be provided with it or told the reason why it cannot be provided. More information on how to apply is provided in the Subject Access Requests section of the website.
I don’t think my information is accurate on CHS, how can I sort it?
If you believe that the information held on CHS about you is factually inaccurate, for example your name is spelled incorrectly or the conviction recorded doesn’t match that which was given in court, you can contact Police Scotland to request an assessment. The Your Rights section of the website explains how. We will check with the Scottish Courts and Tribunal Service and any other relevant organisations before making changes to CHS.
