Justice Secretary Angela Constance has assured MSPs that criminal record transparency remains uncompromised despite gender transitions. The case has prompted a review of Police Scotland’s disclosure procedures to prevent future errors.
The issue emerged when Alex Stewart (formerly Alan Baker), jailed for the 2013 murder of John Weir, appeared as a witness in a prison assault case. Initial checks under Stewart’s new name showed no criminal history. Constance stressed that, crucially, criminal record transparency remains intact as this was an isolated incident. She confirmed all records remain permanently linked regardless of name or gender changes.
Opposition MSPs expressed alarm, with Meghan Gallacher warning: “We cannot have violent offenders’ histories disappearing from view.” Police Scotland confirmed the records were always intact. They have now tightened protocols to ensure criminal record transparency in future disclosures.
While officials maintain this was an administrative oversight, the case has reignited debates about data management in an era of evolving identity rights. Victims’ advocates argue such errors however rare risk undermining confidence in a system where criminal record transparency is foundational. As Police Scotland implements corrective measures, all justice partners face heightened scrutiny to ensure seamless information sharing between identity changes and permanent conviction records, balancing privacy rights with uncompromising public protection.
First Minister John Swinney joined Constance in emphasising the non-negotiable principle that convictions persist through identity changes. Criminal record transparency is essential, as the Crown Office confirmed the Stewart discrepancy was caught pre-trial, but has requested a police review of database procedures.
As reforms progress, the government faces pressure to demonstrate that criminal record transparency safeguards are foolproof. This is particularly crucial for violent and sexual offences, where full disclosure is critical to public safety and judicial integrity.
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