Criminals not able to wipe record with gender change, MSPs told

Criminals are not able to wipe clean their conviction record by changing gender, Justice Secretary Angela Constance has told MSPs.

It follows reports that a murderer's criminal past was not initially disclosed in court files after they altered their gender identity while in prison.

Constance said the "isolated" incident was "not reflective of broader issues" in the justice system.

She told parliament Police Scotland had been asked to review its procedures following the error.

Constance was quizzed about the case of Alex Stewart, formerly called Alan Baker, who was jailed for murdering father-of-two John Weir in 2013.

The Daily Record reported that the error with his criminal record was identified when a lawyer requested his file.

The request was made ahead of a case relating to violence inside HMP Greenock in which the inmate was named as a witness.

However, the criminal record under Stewart's new name was blank.

The previous criminal activity only appeared when a search was done under the old name, Alan Baker, according to the Record.

Conservative MSP Meghan Gallacher asked Constance how many transgender prisoners' criminal records had been "erased" following changes to their birth name.

The justice secretary said: "A change of name does not under any circumstances alter a person's criminal record.

"All criminal records are maintained in accordance with established retention and sharing protocols and remain fully accessible to the justice system.

"Police Scotland has acknowledged an error in one case reported in the media and acknowledges this should not have occurred."

Constance said she had been assured that this was "an isolated incident and not reflective of broader issues in their recording practices".

Gallacher replied: "This should not have happened in the first place.

"We are talking about convicted criminals, some of them violent or sexual offenders."

She added: "We cannot have further instances of this happening in the future.

"We need to ensure that victims, women's' groups and the wider public have faith in the justice system."

Asked to assure parliament that it was an isolated incident, Constance said: "This was an error in one case.

"It was a failure to disclose and not a reflection on data recording systems."

In response to a question from Tory MSP Sharon Dowey, the justice secretary said it would be "utterly inaccurate and misleading ... if not disgraceful, to suggest that Police Scotland wipe criminal records".

Asked about the case on Monday, First Minister John Swinney said that a criminal record "must continue to be associated" with any individual regardless of changes they make to their name or gender.

Swinney told journalists that it was important to have a clear understanding of what had happened in this instance.

He added there was "a need for there to be public confidence about this question".

A Police Scotland spokesperson said that the issue relating to Stewart's file had been "rectified" and that work was "ongoing to prevent similar scenarios taking place in the future".

They added: "The criminal records referred to in this case have not been wiped - they remain in place.

"It would be inaccurate to suggest otherwise."

A Crown Office and Procurator Fiscal Service spokesperson said: "Information about previous convictions is provided to COPFS by the police following a check of the relevant databases.

"Although the initial witness check showed no previous convictions, on further inquiry by the procurator fiscal this was corrected prior to trial.

"COPFS have asked Police Scotland to review and confirm the processes for recording and sharing information on previous convictions".