Disclosure (Scotland) Act 2020

23 Review of relevant Scottish police information by the police

(1) This section applies where—

(a) a Level 2 review application is made in relation to a Level 2 disclosure provided to an applicant, and

(b) the Level 2 review application specifies information relating to the applicant provided by the chief constable in accordance with section 14 as information that the applicant wishes to be subject to the review.

(2) A review under this section may not consider any information contained in a Level 2 disclosure which was or could have been the subject of a review under section 18 of the Age of Criminal Responsibility (Scotland) Act 2019.

(3) The Scottish Ministers must arrange for the chief constable to carry out a review of the information.

(4) In the review the chief constable must decide—

(a) whether the chief constable still reasonably believes the information to be relevant for the purpose of the disclosure, and

(b) whether the chief constable is still of the opinion that the information ought to be included in the disclosure.

(5) In carrying out a review under this section, the chief constable must—

(a) by notice give the applicant an opportunity to make representations, and

(b) have regard to any representations made by the applicant.

(6) A notice under subsection (5)(a) must specify the time period within which the applicant may make representations.

(7) The chief constable must notify the Scottish Ministers of—

(a) the chief constable’s decision under subsection (4), and

(b) the chief constable’s reasons for the decision.

(8) The Scottish Ministers must notify the applicant of—

(a) the chief constable’s decision,

(b) the chief constable’s reasons for the decision, and

(c) if the chief constable notifies the Scottish Ministers that the chief constable—

(i) still reasonably believes the information to be relevant for the purpose of the disclosure, and

(ii) is still of the opinion that the information ought to be included in the disclosure,

the right to request a review by the independent reviewer under section 24 in relation to the information.