The Bichard Inquiry - Report - Digital Education Resource Archive ...

The nature of the allegation
4.46.1 € This focuses attention both on the seriousness of the alleged crime
and the circumstances of the particular incident. For example, an
allegation of unlawful sexual intercourse is more serious the greater
the age difference between the victim and the alleged offender.
If young people are involved, the nature of the allegation also
focuses attention on the need to be particularly astute in protecting
the vulnerable.
The reliability of the allegation
4.46.2 € The concerns about too heavy a reliance on the grading
models (now the 5x5x5 system) have already been covered (see
paragraphs 2.77–2.79). It is likely that those reviewing records will
be able to make a more useful and consistent judgement about
reliability if the basic facts are properly recorded and available.
4.46.3 € Thus, for example, in relation to Contact 1 involving Huntley, it
would be vital for the reviewer considering retention or deletion
to know that Huntley had signed a confession under caution; and
also that the victim had confirmed the offence but was unwilling to
assist in the prosecution of her boyfriend. If those facts were known,
it would be surprising if the reviewer took anything other than the
view that it was justifiable to retain the record for at least the period
for which a conviction would be kept.
4.46.4 € For sexual offences, there may be reasons why it is decided
not to prosecute or when it proves not possible to prosecute. In
these circumstances, the distinction between the reliability of the
information on which a conviction is based and the reliability of
intelligence records, while still important, may be less sharp than in
other offences.
The age of the allegation
4.46.5 € The age of the allegation and how long it has been since the last
recorded incident are linked factors. For sexual offences, those
giving evidence to the Inquiry accepted that behaviour patterns
were particularly important. Thus, the first intelligence record needs
to be kept for a sufficiently long period for it to be seen whether a
pattern emerges, even if that first allegation is judged to be (or is
graded at) the lower end of the reliability scale.
4.46.6 € The Information Commissioner was reluctant, for understandable
reasons, to be drawn into offering timeframes that could be used as
general guidance, but he accepted the importance of identifying
behaviour patterns. He suggested that the recording of an
allegation, followed by a retention period of perhaps ten or more
years during which nothing further occurs, might raise questions
about reasonableness. However, if there was a second allegation,
the justification for continued retention of both, for a substantial
period, would be more compelling.
The Bichard Inquiry – National systems and structure – the findings 137