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For people with criminal records
For people with criminal records

Author: Debbie Sadler

EU nationals staying in the UK and deportation from the UK due to a criminal record

As the deadline approaches for the UK to leave the EU, the government has introduced a compulsory scheme for all EU citizens living in the UK who wish to remain in the UK – referred to as the EU Settlement Scheme. It is expected that 3 million people will apply for ‘settled status’.

If your case is straightforward, your application could be dealt with in a matter of days. However, for those with a criminal record, the process may be more of a struggle.

We’ve just published two new information pages:

  1. EU nationals coming to and staying in the UK
  2. Deportation from the UK due to a criminal record

These pages set out:

  • Details about the free movement of EU nationals to the UK.
  • Some of the reasons why EU nationals may be refused entry to the UK.
  • The changes which will take place in the lead up to (and after) the UK leaves the EU, with a particular focus on those EU nationals currently living in the UK.
  • The process by which someone might be deported from the UK if they are convicted of a criminal offence, irrespective of your country of origin.

Given that further changes are likely after the UK leaves the EU, we will keep these pages updated.

The Home Secretary has promised that there will be no repeat of the Windrush scandal which has seen people who have lived in the UK for decades threatened with deportation because they did not have the right paperwork. However, if just 5% of the estimated 3 million EU citizens living in the UK don’t register by the deadline, there will be approximately 200,000 people without any status.

We have some concerns about the approach the government are taking in administering the new EU settlement scheme, in terms of if or how a past criminal record might have an impact. We’re keen to hear from anyone who has been, or is going through the process. Please email your details and the circumstances surrounding your situation to policy@unlock.org.uk.

We would also like to hear from you if you arrived in the UK between 1948 and 1971 and would not qualify for citizenship due to your having a criminal record. Please email your details and the circumstances surrounding your situation to policy@unlock.org.uk.

Some examples of people we’ve helped

Looking back over the last couple of months, we’ve written up a few examples of the people we’ve helped.

We hope they give a good idea of how we help people.

However, more importantly than our role, we think that these examples show how people with convictions are able to overcome some of the barriers that have been put in their way due to their criminal record.

We’ve posted the examples below as case studies in the support section of our website:

 

Wayne – At risk of losing my job as a result of my employer taking on a government contract

Alice – How can a new company taking over a care home contract assess my historic convictions so differently?

Joseph – Applying to have my Sexual Offences Prevention Order (SOPO) discharged at court

 

 

Monthly summary – September 2018

Welcome to our monthly summary for September 2018.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

About criminal records

  • Disclosure of police intelligence on enhanced DBS checks – We’ve written an advice post setting out the details of a case heard in the Supreme Court relating to the lawfulness of the disclosure of a rape acquittal on an enhanced criminal record check.

Insurance

  • List of commercial insurance brokers – We’ve compiled a new list of insurance brokers who are able to offer commercial insurance policies to people with convictions.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – Disclosing to an employer – Some ‘do’s’ and ‘don’ts’ – “My conviction is now quite old and for many years, I’ve been working very successfully in spite of it. In fact, I’d say my criminal record is most definitely in the past and hasn’t bothered me for many years. However, this hasn’t always been the case and I’ve had my fair share of up’s and down’s when applying for jobs …..”

Views and reviews – Honesty was the best policy when dealing with my probation officers – “My offence carries the worst stigma out of most of them because it’s a sexual offence; not contact related but for downloading illegal content which is unfortunately becoming an increasingly common offence these days …..”

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

Saying hi  – Oldyp has just applied for a new job as a business consultant and knows that his enhanced certificate will disclose some old, minor convictions. How should he go about disclosing these to his potential employer?

ROA … Not applicable to sex offences?  – Following a recent visit from his PPU officer, Thorswrath has been told that the ROA does not apply to sexual offences. Have you been told something similar by a PPU officer?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Unlock speaks on Three Counties Radio regarding magistrates with criminal records

Christopher Stacey, Unlocks co-director spoke to BBC Three Counties radio regarding the suggestion that recruiting more magistrates with criminal records would help increase diversity among the judiciary.

Unlock launches pilot project, supported by the UPP Foundation, to help universities take on students with criminal records

We’ve launched a new pilot project funded by the University Partnership Programme (UPP) working with three universities to support them to implement best practice procedures to prevent talented applicants being held back by their criminal record. Read more about the project here.

Call for evidence: DBS checks which reveal trans/gender history of gender-specific offences committed in the past

The current harsh and disproportionate criminal record disclosure rules mean that old, minor and irrelevant offences continue to be disclosed on standard and enhanced criminal record checks. We’re calling for reforms to the system to include the removal of gender-specific offences. If you are transgender and have a gender-specific criminal record that reveals your previous gender, we’d like to hear from you.

Monthly update – September 2018

We’ve just published our update for September 2018.

 

 

 

 

 

 

This months update includes:

  1. A new list of insurance brokers who are able to provide commercial insurance policies to people with a criminal record.
  2. An advice post highlighting the details of a case heard in the Supreme Court around the disclosure of police intelligence on enhanced DBS checks.
  3. A personal story setting out some tips on the do’s and don’ts of disclosing a conviction to an employer.
  4. A link to a discussion on theForum from Thorswrath who wants clarification on whether the ROA applies to sexual offences.
  5. Details of a pilot project we’ve launched to work with three universities supporting them to implement best practice procedures when receiving applications from individuals with a criminal record.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record

 

Read the September 2018 update in full.

 

Best wishes,

Unlock

 

Notes

  • All previous updates can be found in full in the ‘Latest updates‘ section of our Information Hub
  • For more self-help information, please visit unlock.devchd.com/information-and-advice/
  • If you have any questions about this information, please contact our helpline
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
  • If you have found this information useful, please leave us your feedback and/or consider making a donation.

 

Disclosure of police intelligence on enhanced DBS checks

Although Unlock as a charity primarily focuses on people with convictions and cautions, a recent case about a rape acquittal is an important one for a lot of people that use our website that have other things on their police record. 

At the end of July 2018 a case was heard in the Supreme Court [R (AR) -v- Chief Constable of Greater Manchester Police and another] relating to the lawfulness of the disclosure of a rape acquittal on an Enhanced Criminal Record Check (ECRC).

The details of the case are that in 2011 AR was acquitted of rape. At the time he was working as a taxi driver and it was alleged that he raped a 17 year old passenger in his taxi. His defence was that there had never been any sexual contact with the alleged victim.

Following acquittal, he applied for an enhanced DBS check in relation to a job he’d applied for and, under the ‘other relevant information’, the following statement was included:

On … police were informed of an allegation of rape. A 17 year old female alleged that she had been intoxicated and travelling in a taxi. The driver had conveyed her to a secluded location where he forcibly had sex with her without her consent.

AR was identified as the driver and was arrested. Upon interview he stated that the female had been a passenger in his taxi, but denied having sex with her, claiming that she had made sexual advances towards him which he had rejected. Following consideration by the CPS, he was charged with rape and appeared in court where he was found not guilty and the case was discharged.

In the Court of Appeal, AR argued that the criminal record check infringed his rights under Article 6(2) of the Human Rights Act because it effectively treated him as if he were guilty of the offence of which he had been acquitted; also the disclosure was disproportionate. The Court of Appeal rejected these arguments and dismissed the appeal.

The Supreme Court was asked to consider whether:

  1. The disclosure was a breach of the presumption of innocence
  2. The disclosure was procedurally unfair because it was inconsistent with AR’s acquittal and/or occurred without consultation
  3. The retention and disclosure of the data was a breach of article 8 of the Human Rights Act.

The appeal against the disclosure was dismissed as it was deemed reasonable, proportionate and no more than necessary to secure the objective of protecting young and vulnerable persons.

The court did not believe that it was appropriate for those responsible for an enhanced DBS check to conduct a detailed analysis of the evidence of the trial. Therefore it was not the case that disclosure could only be justified if the officers were in a position to form a positive view of likely guilt. The court held that the information was a matter of public record and might have come to the employer’s knowledge from other sources.

The court did state however that the case gave rise to more general concerns about the procedure as there is no clear guidance as to what weight should be given to an acquittal in different circumstances as well as a lack of information about how an employer would treat the disclosure.

Although the outcome of the case is disappointing, it’s important to note that relevant information is only disclosed in a small number of cases. The data provided by Greater Manchester Police (GMP) showed the following between April 2017 and March 2018:

Ms Richards acting for GMP was at pains to emphasise that an enhanced DBS check is only part of the information available to employers and would not necessarily lead to failure. The Supreme Court had been shown reports which emphasised the importance of not excluding those with convictions for employment but they said nothing about those who had been acquitted. The court stated that there was little guidance given to employers as to how to handle these issues but they believed that even when relevant information was expressed in entirely neutral terms, there must be a danger that the employer would infer that the disclosure would not have been made unless the chief officer had formed a view of likely guilt.

Although this case is separate to the Supreme Court filtering case that Unlock is involved in (which is still pending judgment), it will be interesting to see whether (if and if so how) the outcome of this case will feature in the judgment that the court gives on the filtering case.

For more information

  1. For practical self-help information – More information is available on disclosure of police intelligence and enhanced checks
  2. Our policy work – Read about the policy work we’re doing on challenging the DBS filtering process
  3. Questions – If you have any questions about this, you can contact our helpline.

Monthly summary – August 2018

Welcome to our monthly summary for August 2018.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

Work and volunteering

  • Childcare Disqualification Requirements – Primary school teachers, nursery staff and others – ‘Disqualified by association’ – On 31st August 2018, the ‘disqualification by association’ element of the childcare disqualification arrangements was removed from schools and other non-domestic settings; although it will remain in place for roles such as home-based childminding. Our practical guidance has been amended to reflect the changes.
  • Becoming a teacher – We’ve updated this page to highlight the different ways in which someone’s criminal record may affect their ability to become a teacher and what schools take into consideration when assessing a persons suitability to be or remain a teacher.
  • Becoming a childminder – This updated page provides information on why you may be disqualified from registering as a childminder as a result of your own criminal record or the criminal record of somebody that lives or works in your household (referred to a ‘disqualification by association’).

Universities, colleges and education

  • Applying to university – As a result of UCAS removing the question which asks applicants to declare whether they have any unspent convictions from it’s application form, we’ve amended our information.

Insurance

  • List of motor insurers – We’ve removed More Than from our list of motor insurers as they’ve recently started to ask about both motoring and non-motoring convictions.

Sexual offences

  • Sex offence notification requirements – The list of police stations that accept notifications is regularly reviewed and we’ve amended the link on this page to the latest list.

Travelling abroad

  • Travelling abroad with a criminal record – We’ve written an article for Inside Time, specifically for people in prison, which looks at travelling abroad with a criminal record.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – No pain, no gain – Don’t let your embarrassment about the past stop you from disclosing to a new employer – “Almost 15 years ago I was convicted of two counts of common assault following an altercation with a couple of waiters in a restaurant whilst I was having dinner with friends. At the end of the meal there was a bit of a disagreement over the bill; we thought we’d been charged too much …..”

Struggles and stigma – No future without forgiveness – why the government should change the current filtering system – “I was nearly 17 when I fell madly in love for the first time and just over 17 when she dumped me. As I was feeling so sorry for myself my mates decided to take me out for a game of pool and get me drunk. Sadly, rather than being a ‘happy drunk’, I became a very ‘angry, sorry for myself drunk’ and decided to take my anger out on the window of the local supermarket …..”

Success – Baking the world a better place! Bringing about social change and reducing the stigma of a criminal record via a bakery business – “Approximately 5 years ago Francesca received an 18 month suspended sentence for a fraud offence and began her supervision sessions with her probation officer. She attended the various courses she was expected to do but, unlike a lot of the usual courses offered by probation, Francesca was introduced to a course being run by Virtuous Bread …..”

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

Your views  – Neo Matrix has started a new thread asking for people’s views on what changes they’d like to see in order to assist people with convictions gain employment. Let us have your thoughts and ideas.

Travelling post-notification period  – tedstriker has provided an update of his experiences travelling to Europe post-notification. We’d like to know about your experiences – good or bad.

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Blog – What will be the impact of today’s charity rule changes?

As of 1st August 2018, changes to the ‘automatic disqualification’ rules means that some people with certain convictions will be prevented from running a charity, unless they get clearance from the Charity Commission. Read Christopher Stacey, Unlocks co-directors blog.

Criminal record requests on application forms could be breaching GDPR

People Management has published an article by Nacro that looks at data protection and the use of criminal record offence data for employment and education purposes. Read our response to the important issues raised.

 

Monthly update – August 2018

We’ve just published our update for August 2018.

 

 

 

 

 

 

This months update includes:

  1. An update post setting out changes to the ‘disqualification by association’ element of the Childcare Disqualification Requirements which came into effect on 31st August 2018.
  2. A link to updated information on applying to university.
  3. A personal story explaining why the government needs to change the current filtering system.
  4. A link to a discussion on theForum from Neo Matrix who is keen to hear what changes people feel the government could make to help those with convictions get into work.
  5. A blog by Christopher Stacey reflecting how the Charity Commission’s changes to the ‘automatic disqualification’ rules will impact on how charities involve people with criminal records at a senior level.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record

 

Read the August 2018 update in full.

 

Best wishes,

Unlock

 

Notes

  • All previous updates can be found in full in the ‘Latest updates‘ section of our Information Hub
  • For more self-help information, please visit unlock.devchd.com/information-and-advice/
  • If you have any questions about this information, please contact our helpline
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
  • If you have found this information useful, please leave us your feedback and/or consider making a donation.

 

Moving on: Travelling abroad with a criminal record

This month, we’ve written a further article for InsideTime ‘Through the Gate’ Section which focuses on travelling abroad with a criminal record.

A copy of the article can be found below.

Whilst you’re in prison, you’ll probably have heard lots of conflicting information about travelling abroad with a criminal record. Unless you’re on licence, there’s rarely anything stopping you from travelling abroad and at the moment you can travel freely within the EU.

When and where you can travel to will depend on the country you wish to visit, the nature of your offence and sentence you received. Visiting countries like the USA or Australia will usually mean applying for a visa. However, don’t be put off by this. We know of many people with a criminal record who’ve successfully been granted visas.

Travelling abroad whilst on licence

It’s more than likely that you’ll face restrictions on travelling abroad all the time you’re on licence. A standard condition of any licence is ‘not to travel outside the UK, the Channel Islands or the Isle of Man without the prior permission of the responsible officer’.

Therefore if you’re considering travelling abroad, it might be an idea to approach your probation officer informally to start with. You’ll be able to get an idea of whether they’d give you permission prior to putting your request in writing. Each probation area will have their own approach to travelling abroad, so get a copy of your area’s policy to find out how closely you meet their criteria. If you’re refused you can go through the complaints system, details of which you should be able to get from your probation officer.

Moving abroad whilst on licence

Moving to another country can be extremely problematic all the time you’re on licence. Although you’re not in prison, the time you’re on licence is still classed as part of the sentence given to you by the court.

Usually, you’ll need to spend some time in the community in the UK on licence before you can be considered for resettlement overseas. This is to ensure that any risk you pose of re-offending can be assessed as well as evidencing that you’re able to conform to all your licence conditions.

In deciding whether to grant you permission to move abroad, your probation officer will consider whether you have any family ties or other connections (for example you lived overseas prior to going to prison) as well as reviewing whether your offence is related to the country you wish to travel to.

Travelling when you’re on the sex offenders register

If you’ve been convicted of a sexual offence, you may find that even when your licence ends, you will remain on the register. If this is the case, you’ll need to continue to notify the police if you intend leaving the country for 3 days or longer.

Once you’ve informed the police of your travel plans, your supervising police officer may decide to ‘flag’ your passport with an Interpol Green Notice. This notification on your passport will alert overseas immigration officers that an individual who is on the sex offenders register is visiting. Depending on the country you’re travelling to, you may be denied entry and sent back to the UK. Examples of people we’ve heard this happen to are those looking to visit places like Thailand, the Philippines and Vietnam.

What information is held about you on your passport

The UK has been using ‘biometric’ passports since 2006. These passports contain a microchip which stores a digitalised image of your passport photograph as well as the biographical details printed on the passport. It does not contain any information which can’t be found on the physical version of the passport. It’s a myth that the chip holds details of your criminal record.

Travelling to Europe post-Brexit

As I’m sure you know, Brexit should be finalised by March 2019 and although the exact outcome is yet to be finalised, there is talk that the ease with which we currently travel to the EU may change.

The European Union has proposed a new visa scheme for all visitors to the EU, called a European Travel Information and Authorisation System. If approved, it will place some restrictions on who can and cannot travel. However, until the withdrawal date and during the transition, the current immigration arrangement for British nationals will continue as they are currently.

Monthly summary – July 2018

Welcome to our monthly summary for July 2018.

This provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to people with a criminal record

Have you just stumbled across this? You can receive these updates direct to your inbox every month for free by signing up to our mailing list (make sure you choose to receive ‘news for people with convictions’)


Updates to our information site

Here’s a summary of the updates that we’ve made recently to the theInformationHub. There are links within each update to where you can find more information about the update. There are also links next to many of the updates, which link to threads on our online forum where you can discuss these with other people with convictions. 

About criminal records

  • Problems with the filtering of conditional cautions – We’ve written an advice post setting out how conditional cautions are often recorded as convictions on the Police National Computer (PNC) meaning that despite being eligible for filtering, they continue to be disclosed on standard and enhanced DBS checks.

Work and volunteering

  • Leading charities with conviction – Guidance for individuals on changes to the rules on being a trustee or senior manager of a charity with a criminal record – The changes to the automatic disqualification rules that relate to people being a trustee or senior manager of a charity come into effect on 1st August and we’ve updated our information to reflect this.
  • Leading charities with conviction online tool – We’ve updated our online tool which is designed to help trustees and senior managers of charities determine whether they need to apply for a waiver to bring a disqualification to an end.

Other areas of life

  • Subject access request – General information – We’ve produced some new information about applying for a subject access request and what options are open to you if  an organisation refuses to provide you with one.

theRecord posts

Below are links to recent posts to our online magazine, theRecord. These are often linked to from the practical information that we have, to help give some personal experiences.

Success – Now I’ve got my professional indemnity insurance I can start to believe that the best is yet to come – “In November 2016 I received a conviction for downloading indecent images and received a suspended sentence. From the first interview I had with the police, I couldn’t explain why I had downloaded and viewed those images as I knew in my heart that I’d never hurt a child in any way …..”

Success – Success in getting my Sexual Offences Prevention Order discharged – “I was convicted of a sexual offence in 2008 and given a 10 year Sexual Offences Prevention Order (SOPO). Earlier this year, I made enquiries at the Crown Court as to how I would go about discharging my SOPO. The Court provided me with quite a vague response and I was told that my enquiry would be passed to the Crown Prosecution Service …..”

Struggles and stigma – Denied healthcare due to my conviction for assault – “I’ll try to be brief but it’s important that you get an idea of my past. I have various convictions and an extensive psychiatric history. I received my first conviction in 2006 before I’d been properly diagnosed with a mental health condition …..”

Discussions on our online forum

Below are links to recent posts to our online forum. If you’d like to join in the discussion but are not currently a forum member, find out how you can join here.

SIA licence with a criminal record  – GaryTS is keen to get some information and advice on applying for an SIA licence. He’s got a conviction which will never be filtered and wants to know how others have gone about disclosing their convictions.

Complaints against police liaison officer  – BetterLife’s partner is considering making a complaint about their police liaison officer but wants to know whether anybody else has gone through the process and if so, what happened. Can anybody help?

Other news and developments

Below are links to other news and developments that might be of interest to people with a criminal record. For more news, check out the news and media section of our main website.

Unlock comment: Government announces scrapping of ‘disqualification by association’ in schools

We’ve been calling on the government to scrap ‘disqualification by association’ requirements for nearly four years. Read our comments and download the draft guidance.

Blog – Standing up to the government in the Supreme Court – Some reflections on last month’s landmark criminal record disclosure hearing

Following the Supreme Court hearing last month, Unlock’s co-director, Christopher Stacey sets out the background to the case and his thoughts on such a significant hearing.

Almost three-quarters of applications for waivers from charity trustees or senior managers who face possible disqualification, have not yet been dealt with by the Charity Commission

New rules that disqualify people from being senior managers or trustees of charities if they’ve committed certain offences will come into force on 1st August 2018. Read Christopher Stacey’s article published in Third Sector around the implementation and delays in processing applications.

New addition to the Unlock team

We’re delighted to welcome Rachel Tynan to the Unlock team as our new policy and practice lead. Find out more about Rachel.

Monthly update – July 2018

We’ve just published our update for July 2018.

 

 

 

 

 

 

This months update includes:

  1. An advice post setting out the way in which conditional cautions are recorded on the Police National Computer and how this impacts on their being filtered from standard and enhanced DBS checks.
  2. A link to some general information on applying for a subject access request.
  3. A personal story on getting professional indemnity insurance to start a business.
  4. A link to a discussion on theForum from GaryTS who is looking for some advice on applying for an SIA licence.
  5. A blog by Christopher Stacey on his reflections on last months landmark criminal record disclosure hearing at the Supreme Court.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record

 

Read the July 2018 update in full.

 

Best wishes,

Unlock

 

Notes

  • All previous updates can be found in full in the ‘Latest updates‘ section of our Information Hub
  • For more self-help information, please visit unlock.devchd.com/information-and-advice/
  • If you have any questions about this information, please contact our helpline
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting to receive ‘News/updates for people with convictions’
  • If you have found this information useful, please leave us your feedback and/or consider making a donation.

 

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