Linked to our press release on the recent Court of Appeal decision around CRB checks, we’ve given radio interviews to Radio 5 Live and BBC Radio Wales.
Both are these can be listened to below.
Author: Unlock Admin
Senior judge says government must ‘pull it’s finger out’ on criminal record checks
- New Court of Appeal ruling could mean a change for 9.2 million Britons with criminal records
- Master of the Rolls, Lord Dyson, said today that the Government should “pull its finger out” to reform the system
- Ruling adds further pressure after recent ruling in separate case in the European Court of Human Rights
Unlock, the charity for people with convictions, has welcomed Lord Dyson’s remarks which support their continued call for changes to how the UK treats criminal record information. At a hearing at the Court of Appeal today the Master of the Rolls, Lord Dyson, said that the Government should “pull its finger out” to reform the system until recently known as CRB checks.
The Court of Appeal has found that the current system of disclosing all convictions, cautions, reprimands and warnings, no matter how old, minor or irrelevant, is not compatible with Article 8 of the Human Rights Act- the right to a private and family life. Criminal record checks, provided in England by the Disclosure and Barring Service, are available to employers recruiting for certain roles and are also used by educational establishments.
Chris Bath, Unlock’s executive director said, “Under the current system, even the most minor childhood convictions are kept on record until a person’s 100th birthday. They will always be disclosed on a criminal records check. Evidence from our helpline for people with convictions shows that this is forcing people onto benefits. There will be no ‘rehabilitation revolution’ until people have a real opportunity to leave crime behind.”
The case in the Court of Appeal involved a man who had received police warnings at the age of 11. The information was disclosed when seeking a job as a 17 year old and later when he applied for university. The case highlights the long term effects of criminal record, even those gained as a child. It has parallels with the experience of former Police & Crime candidate Bob Ashford, who was forced to stand down due to having received a fine of £2 and 10 Shillings as a 13 year old in 1966 and later launched the ‘Wipe the Slate Clean’ campaign with support from charities including user Voice and Unlock.
Figures obtained by Unlock show the scale of the issue. There are now 9.2 million in the UK with criminal records on the Police National Computer, with one in three men having a criminal conviction by the age of 53. 26% of the 4.9 million open claims for benefit are made by people who have gained a conviction in the last 10 years.
Combined with the European Court of Human Rights’ recent condemnation of the lack of scope for discretion in the UK’s criminal records disclosure system, the Court of Appeal’s decision could have significant implications on the criminal record disclosure system.
The Government has made positive changes to the Rehabilitation of Offenders Act 1974 which will come into force in Spring 2013. These will reduce the periods that many people have to disclose their convictions for some jobs. However, jobs for which a criminal record check is conducted will continue to bypass this legislation.
Unlock representative Christopher Stacey, who was a member of the government’s Independent Advisory Panel on Disclosure of Criminal Records, said, “In 2011 Unlock provided the Government with clear proposals on how a system of filtering old and minor convictions could work. We now look forward to reforms that give the millions of people with convictions a fair opportunity to provide for themselves and their families.”
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Local credit unions support efforts to reduce re-offending
New report finds credit union accounts improve the prospects of people leaving prison
Research carried out by Unlock and the Research Unit for Financial Inclusion at Liverpool John Moores University has highlighted 13 credit unions working in partnership with 21 local prisons to reduce re-offending. Credit unions are providing savings accounts to people in prison, with some offering a current account on release.
The Unlocking Credit Unions report, launched at Parliament today, shows that membership of a community financial institution can have positive economic, social and psychological effects that support desistance from crime. It also suggests that credit unions may be critical in delivering flagship reforms within the justice system, including the Work Programme and Universal Credit. However, the report also questions how sustainable such partnerships are in the light of budget cuts and argues they must be properly resourced.
With stable housing and work as the key factors in reducing re-offending, local initiatives by credit unions have been welcomed by prison staff involved in resettlement.
“[Access to credit union services] opens up a market with regards to employment and accommodation that would not have normally been available…It is an important aspect of the resettlement process”.
– Prison Officer quoted in the report
The high rate of re-offending immediately after prison has been linked to the £46 ‘discharge grant’, which often has to last several weeks before wages or benefits come through. With average prison wages estimated at below £10 a week, opportunities to save are limited. However, credit unions have inspired some people in prison to save to avoid reliance on state benefits on release.
One person featured in the report is Charles. Before coming into prison he had never had a bank account and managing in cash had caused problems due to his drug problem. In prison, the credit union inspired him to save for a motorbike. In two years he saved £800 which he was able to take with him when on release. He said:
“I only used prison toiletries and never used the phone. I went without to save for the bike…it made me feel brilliant; it was a sense of achievement. It was probably the first time I had saved in my life and it made me feel good. I felt proud and normal” – Charles, a person in prison
The report also highlights how credit unions could help families who send money in to loved-ones in prison. Increasingly hard-pressed families are currently forced to use postal orders, which incur a 15% charge.
Nine further credit unions are working with local probation, charities and housing associations to provide services to people in the criminal justice system and their families.
Chris Bath, Executive Director at Unlock and co-author of the report, said: “Access to basic financial services is a keystone to leaving crime behind and building a positive life; working, paying taxes, spending and saving. Partnerships between credit unions and justice agencies have the potential to help deliver that, but they must be properly resourced to be effective.”
Paul A Jones, Reader in the Social Economy at LJMU and co-author or the report, added: “The unique contribution of credit unions is enabling people to save whilst in prison. Saving builds people’s confidence, self-worth and ability to plan for the future, all of which are important if people are desist from crime and resettle effectively in the community”.
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CRB’s and second chances
As part of of the ongoing Court of Appeal case about CRB checks, we’ve written an article for thejusticegap.com.
You can read the article here.
Banking before release
We’ve written a letter in this month’s edition of Inside Time, the prison newspaper, updating people on the progress of our Unlocking Banking project.
You can read the letter here.
Coalition must stop minor criminal records ‘forcing people onto benefits’
- Wipetheslateclean campaign launched by former PCC candidate forced to step down due to conviction
- New European Court ruling could mean a change for UK criminal record disclosure
Unlock, a charity set up by people with convictions, is calling for changes to how the UK treats criminal record information.
As the polls open for the new Police and Crime Commissioners, the charity is backing a campaign led by former candidate Bob Ashford, who was forced to stand down due to having received a fine of £2 and 10 Shillings as a 13 year old in 1966.
The ‘wipe the slate clean’ campaign aims to highlight how criminal records blight entire lives. It asks whether every criminal conviction should be, in effect, a life sentence. It is also seeking a specific change in the PCC legislation so that candidates have to meet the same criminal records standards as MPs.
Bob Ashford said, “Young people and adults who have committed offences should not be damaged throughout their lives by a criminal record. Having accepted responsibility for their actions, they should be allowed to fulfil their potential and play a full and productive part in society. It’s a social and economic tragedy that we spend billions each year on criminal justice but then prevent people who turn their lives around from working and paying taxes.”
The campaign is launched as the European Court of Human Rights condemned the lack of scope for discretion in the UK’s criminal records disclosure system.
Government figures obtained by Unlock show the scale of the issue. There are now 9.2 million in the UK with criminal records on the Police National Computer, with one in three men having a criminal conviction by the age of 53. 26% of the 4.9 million open claims for benefit are made by people who have gained a conviction in the last 10 years.
Chris Bath, Unlock’s executive director said, “Under the current system, even the most minor childhood convictions are kept on record until a person’s 100th birthday. They will always be disclosed on a CRB (Criminal Records Bureau) check. Evidence from our helpline for people with convictions shows that this is forcing people onto benefits. A change would benefit the tax-payer by reducing crime, increasing tax take and reducing benefits claims.”
Changes to the Rehabilitation of Offenders Act 1974,will come into force in Spring 2013. These will reduce the periods that many people have to disclose their convictions for some jobs. However, jobs for which a CRB check is conducted will continue to bypass this legislation.
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Immigration and nationality decisions are now exempt from the ROA
As of the 1st October 2012, changes made through the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (s.140 in particular) mean that immigration or nationality decision making, including initial decisions and any subsequent proceedings, are exempt from the Rehabilitation of Offenders Act 1974. This means that spent convictions can also be considered as part of these processes. This includes convictions obtained before October 2012.
It does not, however, affect any proceedings which began before October 2012 (or decisions made but not finally determined).
Please note: At the time of writing, the UKBA’s website has yet to be amended to reflect the above changes, and hence references to the ROA still remain in our own information above. This will be amended in due course, in line with changes to the UKBA website. It is possible, for example, that the UKBA will set their own guidelines for disregarding certain convictions. Check out our Coming to the UK section for the last information.
All these changes mean is that the UKBA now has the freedom to take into account spent convictions. The UKBA are yet to publish their own guidelines on how they intend to put this possibility into operation.
A useful article on this change is available from the Immigration Lawyers Gherson.
Immigration and nationality decisions are now exempt from the ROA
This update is taken from our Information Hub
As of the 1st October 2012, changes made through the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (s.140 in particular) mean that immigration or nationality decision making, including initial decisions and any subsequent proceedings, are exempt from the Rehabilitation of Offenders Act 1974. This means that spent convictions can also be considered as part of these processes. This includes convictions obtained before October 2012.
It does not, however, affect any proceedings which began before October 2012 (or decisions made but not finally determined).
Please note: At the time of writing, the UKBA’s website has yet to be amended to reflect the above changes, and hence references to the ROA still remain in our own information above. This will be amended in due course, in line with changes to the UKBA website. It is possible, for example, that the UKBA will set their own guidelines for disregarding certain convictions. Check out our Coming to the UK section for the last information.
All these changes mean is that the UKBA now has the freedom to take into account spent convictions. The UKBA are yet to publish their own guidelines on how they intend to put this possibility into operation.
A useful article on this change is available from the Immigration Lawyers Gherson.
Travelling to the UK, and should reformed offenders be given a second chance?
The news that prospective Coventry Blaze ice hockey team player Mike Denton has been refused a visa to enter the country because of his criminal conviction, sparks the debate of whether reformed offenders should be given a second chance.
We contribute to a discussion on BBC Coventry and Warwickshire. You can listen to the interview below.
Prisoners launch High Court challenge to keep more of their wages
Prisoners who take jobs outside jail have launched a High Court challenge to keep a great share of their wages, claiming too much goes to victim support.
We’re featured in the article as we’re supporting the case. Read the article here.
