PART 2UK law-enforcement bodies’ duties in respect of Level 2 disclosures
Duty to provide information in response to section 14A request
article 6 6.—(1) The chief officer of a UK law-enforcement body must comply with a request for information made under section 14A of the Disclosure Act in relation to a disclosure application as soon as practicable after receiving it.
(2) A chief officer must not provide information in accordance with this article if the chief officer thinks that disclosing the information would be contrary to the interests of the prevention or detection of crime.
(3) Section 33 of the Disclosure Act applies in relation to a chief officer considering a request under section 14A of that Act as it does to the chief constable of the Police Service of Scotland considering a request under section 14 of that Act.
(4) For the avoidance of doubt, information mentioned in paragraph (1) may include information with respect to relevant behaviour within the meaning of section 5(1)(a) of the 2019 Act.
(5) However, a chief officer may provide information in accordance with this article that relates to a time when the applicant for the disclosure was under 12 years of age only where—
article 6 5 a (a)the independent reviewer determines, on a review under section 18 of the 2019 Act, that the information ought to be included in the disclosure and—
article 6 5 a i (i)no appeal under section 20 of that Act is taken, or
article 6 5 a ii (ii)such an appeal having been taken, the sheriff confirms the determination under section 20(3)(a) of that Act, or
article 6 5 b (b)the sheriff, on an appeal under section 20 of that Act, determines under subsection (3)(b) of that section that the information ought to be included in the disclosure.
(6) In this article—
term 2019 act “2019 Act” means the Age of Criminal Responsibility (Scotland) Act 2019(1);
term disclosure application “disclosure application” means an application made under section 11 of the Disclosure Act for a disclosure;
term independent reviewer “independent reviewer” means the independent reviewer appointed under section 12 of the 2019 Act.