as to in what circumstances it is envisaged that PSNI could or should disclose information which has been filtered or which the Independent Reviewer has determined should be removed. NICCY suggest that a protocol is established between PSNI, Access NI, the Independent Reviewer and the Independent Monitor to ensure consistency in criminal record checks. This should be reflected in this draft guidance and Access NI’s statutory code of practice for Chief Officers. Regarding paragraph 4.6 in relation to Young People’, NICCY considers that ‘Disclosure this could be simplified for young people and their parents / carers who may consult the guidance for information regarding a review. The information leaflet should also be referenced in this section with a link to it or details as to where is can be found. It should also be clearly stated in this section that even if information were filtered or removed following a review, it may still be disclosed by PSNI under information”. Young “other people and their parents / carers should be advised of where they can obtain further information regarding an appeal to the Independent Monitor. With respect to diversionary disposals administered to a person when they were under the age of 18, NICCY considers that that the draft guidance should emphasis a starting point of non-disclosure. Both the Criminal Justice Inspection Northern Ireland and the UN Committee on the Rights of the Child have confirmed that such disposals should not form criminal records and as such should not be shared. The Youth Justice Review stated the importance of screening out from the workforce those who pose a real “we...recognise danger to children and vulnerable adults. The vast majority of children and young people who offend do not however fall into this category.” NICCY considers that diversionary disposals should not be disclosed unless necessary for safeguarding purposes. In those circumstances, disclosure should be conducted in a transparent, proportionate, rights respecting and sensitive manner. Regarding representations to the Independent Reviewer, as detailed in paragraph 5.3, NICCY consider that a template is essential for young people or their parents/carers so that they may fully participate in the process and realise their rights as protected by Article 8 ECHR and Articles 3, 12 and 40 UNCRC. NICCY would be willing to assist the Department in the development of a template for children and young people. Further, as recommended above details of organisations who may be able to assist young people, their parents or carers should be provided.
as to in what circumstances it is envisaged that PSNI could or should disclose information which has been filtered or which the Independent Reviewer has determined should be removed. NICCY suggest that a protocol is established between PSNI, Access NI, the Independent Reviewer and the Independent Monitor to ensure consistency in criminal record checks. This should be reflected in this draft guidance and Access NI’s statutory code of practice for Chief Officers. Regarding paragraph 4.6 ‘Disclosure in relation to Young People’, NICCY considers that this could be simplified for young people and their parents / carers who may consult the guidance for information regarding a review. The information leaflet should also be referenced in this section with a link to it or details as to where is can be found. It should also be clearly stated in this section that even if information were filtered or removed following a review, it may still be disclosed by PSNI under “other information”. Young people and their parents / carers should be advised of where they can obtain further information regarding an appeal to the Independent Monitor. With respect to diversionary disposals administered to a person when they were under the age of 18, NICCY considers that that the draft guidance should emphasis a starting point of non-disclosure. Both the Criminal Justice Inspection Northern Ireland and the UN Committee on the Rights of the Child have confirmed that such disposals should not form criminal records and as such should not be shared. The Youth Justice Review stated “we...recognise the importance of screening out from the workforce those who pose a real danger to children and vulnerable adults. The vast majority of children and young people who offend do not however fall into this category.” NICCY considers that diversionary disposals should not be disclosed unless necessary for safeguarding purposes. In those circumstances, disclosure should be conducted in a transparent, proportionate, rights respecting and sensitive manner. Regarding representations to the Independent Reviewer, as detailed in paragraph 5.3, NICCY consider that a template is essential for young people or their parents/carers so that they may fully participate in the process and realise their rights as protected by Article 8 ECHR and Articles 3, 12 and 40 UNCRC. NICCY would be willing to assist the Department in the development of a template for children and young people. Further, as recommended above details of organisations who may be able to assist young people, their parents or carers should be provided.
niccy-advice-filtering-review-mechanism-sept-2015.docx