PNC marker retention after child sexual offence arrest
Freedom of information request reference no: 01.FOI.25.047165
I note you seek access to the following information:
- Where a person is arrested for a sexual offence involving a child e.g. indecent images, is it standard procedure to place a marker on the PNC and at what point would the marker be removed from the PNC.
- Can the police keep the marker on the PNC even after someone has been charged but found not guilty or subject to NFA.
CORRESPONDENCE
I contacted you via email and said the following on receiving your request I contacted the PNC liaison team. They have asked me to seek clarification on what you mean by the term marker and any further context of what you believe the marker we hold is. On that very day you replied with the following Marker refers to any warning signal or information marker that may be placed on the PNC after a person is arrested but may be removed once an investigation is completed and the person is not charged. E.g. a warning signal/information marker to alert the person viewing the PNC that the individual is a risk to themselves or others.
Decision
I have today decided to disclose the located information to you in full. Please find below information pursuant to your request above.
Q1- Where a person is arrested for a sexual offence involving a child e.g. indecent images, is it standard procedure to place a marker on the PNC and at what point would the marker be removed from the PNC.
Warning signals comprise a list of characteristics designed to assist the police or any other agency dealing with the recorded person. These signals can be used to protect front line staff who may come into contact with the individual or to protect the individual themselves. Whether or not a warning signal is warranted is subjective based on either factual information, such as a conviction, or intelligence. The information must be reviewed on a regular basis and if information no longer exists to support the signal, then it should be removed. The retention of a warning signal should be considered in the same way as when it is first input. Reference must be made to the information available which supports the signal. A conviction is good evidence to support the retention of a marker if it is still relevant. The severity of the incident or condition should be considered in the decision making process in order to justify deletion or retention of the marker. Every effort should be made to retain these signals on that individual’s record and, to that end, this should be considered when force records are reviewed. Every effort should be made to review warning signals on an ongoing basis. If up to date information comes to light which further justifies the inclusion of a signal, then that signal should be updated rather than create a new one for the same thing.
Q2 - Can the police keep the marker on the PNC even after someone has been charged but found not guilty or subject to NFA.
Information Markers consist of useful and operationally important information about the subject, please see information markers that are relevant to your question.
OV - Offend Vulnerable Person
The subject has been arrested or otherwise dealt with for an offence against a child or young person, or one who is elderly, or who is mentally or physically disabled and may present a threat to any such person. This will include people cautioned, reprimanded or warned, and includes any other sanctioned detection. It may also include appropriate cases where no further action is being taken against the person. The OV Marker can also be used to highlight that a subject has been or could be engaged in the grooming of children or other vulnerable persons. The creation of an OV Marker for grooming should be based on the existence of appropriately graded intelligence under the National Intelligence Model. Using the OV Marker in this way supports the findings of the CEOP (Child Exploitation and Online Protection) Out of Mind, Out of Sight thematic inspection 2011.
SO - Sexual Offender
This marker is used by non-ViSOR (Violent and Sex Offender Register) forces in conjunction with Operational Information Orders to identify persons who are required to register with Police as a requirement of Sexual Offences Act 2003. The marker should be removed on a come to notice basis if the VS marker is present.
VS - ViSOR
Subject Marker generated by the ViSOR system to indicate that there is an entry for the subject on ViSOR. The text of the information marker shows the category of offender. The possible values are REGISTERABLE SEX OFFENDER, OTHER SEXUAL OFFENDER, VIOLENT OFFENDER, OTHER DANGEROUS OFFENDER, SOC OFFENDER, TACT OFFENDER, VIOLENT(VOO), PDP, DOMESTIC ABUSE, STALKING. When the ViSOR record is archived, the text is prefixed by ARCHIVED VISOR RECORD.
Relevant links - College of Policing website
College of Policing - Guidance Code Practice PNC and Leads