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For people with criminal records
For people with criminal records

Author: Debbie Sadler

Monthly summary – May 2017

Welcome to our monthly summary for May 2017.

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

  • Organisations that have access to the Police National Computer – We have produced some new information which sets out the range of non-police organisations which have access to the Police National Computer (PNC).
  • Criminal record databases – We’ve updated this page to explain the different types of criminal record databases and where details of any arrests, cautions and convictions may be recorded.

Work and volunteering

  • Security industry – We’ve updated this page to include a new section on getting a job in the security industry and the types of criminal record checks an employer can carry out if you already hold an SIA licence.

Other areas of life

  • Compensation as a victim of crime – We’ve written an advice post highlighting the impact of having an unspent conviction if you’re looking to claim compensation under the Criminal Injuries Compensation Scheme.

Other

  • Important links and organisations– We’ve added a new section to this page with details of organisations who provide information, advice and support to families of 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.

Struggles and stigma – Why do Ofsted take so long in approving waivers for those who have been disqualified by association? – ‘I’d like to tell you about my disqualification from the primary school that I’ve worked in for the past fifteen years. In August last year, my 21 year old son was convicted of a sexual offence – arranging to meet a 13 year old girl and sending her explicit photographs. He received a suspended sentence, was put on the Sex Offenders Register and told he had to attend some courses …..’

Success – Sometimes you have to believe you’re worth it – securing the job of my dreams with a criminal record – ‘I’ll never forget the day I sat across from the smiley prison officer who told me “You’ll never get a job with a fraud conviction. You’d have more chance if you’d murdered somebody”. So much for moving on, being rehabilitated – from what this woman was telling me, I had a life on benefits to look forward to …..’

Struggles and stigma – Lessons in disclosure – just because an employer doesn’t ask the question, you’ll still be seen as dishonest if they find out you’ve got a criminal record – ‘In 2015 I was sentenced to 16 months in prison for fraud against my employer. I was 33 years old when I was convicted and the offence was completely out of character. Up until that point, I’d had a completely clean record and had never had any dealings with the police or the courts …..’

Success – Staying positive and being resilient – my journey from prison to normality – ‘Having a little bit of time on my hands, I just wanted to share my experience of being out in the real world. It’s been eight months since my release from prison after serving four years of an eight year sentence for conspiracy to defraud. From the outset, I have maintained my innocence and stated that trust and stupidity are the only crimes that I’ve been guilty of …..’

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.

Working for a local government admin job – Bambi was looking for some advice about a criminal record check she needed for a job in local government. Although it looked as though a basic check would be carried out, the wording provided by the employer was quite confusing. Have you had any experience of working in local government?

Advice needed – DBS check – Sue has been asked by her employers to undertake an enhanced DBS check for an office based job she’s had for three years. She’s worried about what’s going to be disclosed and whether her employers are allowed to carry out this level of check. Do you have any advice you can offer her?

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.

Landmark Court of Appeal ruling – Government loses appeal against DBS filtering regime

The Court of Appeal rejected the Government’s appeal to a decision made in the High Court in January last year, which ruled that the criminal records disclosure scheme was disproportionate and unlawful. You can read the full press release here.

Families of prisoners pay high insurance premiums and face more refusals

An article in The Independent this month reports that families of offenders face higher premiums and even flat refusals when it comes to getting insurance. This article quotes a report by Unlock which revealed that 37% of calls to its helpline related to insurance.

My top 4 priorities for the next government

Looking ahead to beyond the 2017 election, Christopher Stacey has set out his top four priorities for the next government. Read his blog here.

Please help us unlock funding so that we can help more people

We are looking to make some improvements to our self-help information hub. An independent funder, J Leon Philanthropy has guaranteed to provide half of the £6500 we need. If you’re able to contribute to the remainder of the money, find out how you can make a donation.

Monthly update – May 2017

We’ve just published our update for May 2017.

 

 

 

 

 

 

This months update includes:

  1. Some new information setting out details of the non-police organisations that have access to the Police National Computer
  2. An advice post which highlights the impact that an unspent conviction will have on any compensation claim made under the Criminal Injuries Compensation Scheme
  3. A personal view on the Ofsted waiver application process if you have been disqualified by association
  4. A link to a discussion on the eligibility of an enhanced DBS check if you are working in an office
  5. Details of the Court of Appeal ruling on the DBS filtering regime.

 

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 May 2017 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.

 

Do you know which organisations have access to the Police National Computer (PNC)?

Most people with a criminal record will be aware of the role that the Police National Computer (PNC) plays in being the source of information that is used to reveal criminal records on official disclosures, such as basic and enhanced criminal record checks.

However, many people will be surprised to learn that a wide range of non-police organisations have access to the PNC. We’ve produced some new information which sets out who these organisations are and what steps are taken to ensure that data about you is protected.

In 2016, Her Majesty’s Inspectorate of Constabulary (HMIC) carried out inspections on 10 non-police agencies who had access to the PNC. Between them they had carried out 50,000 searches of the PNC over a 2 year period. The majority of these were to investigate specific crimes or to vet job applicants taking on sensitive roles such as police officers, prison officers and some judicial appointments.

For more information

  1. For practical self-help information – More information is available on our sharing of criminal records section
  2. Questions – If you have any questions about this, you can contact our helpline.

We’ve made some improvements to our disclosure calculator

Between April 2016 and March 2017 our disclosure calculator was used by over 50,000 people who were looking to find out if and when their caution/conviction would become spent under the Rehabilitation of Offenders Act 1974.

Although we’re delighted to see so many people using the tool, it makes it even more important that we’re constantly looking at ways of improving it.

With more people being given relevant orders as part of their court disposals (for example, sexual harm prevention orders, hospital orders and restraining orders), some of which run indefinitely, it was important that there was a way for a user to reflect this when using the tool.

So we’ve recently worked with the programmer who helped us develop the tool to make a few improvements. In particular, we’ve:

  1. Added a ‘tick box’ which allows users to record an indefinite relevant order. This is important, because an indefinite order will mean that a conviction remains unspent until such time as it is given an end date. This usually means going back to court to have the order amended or revoked.
  2. Added a specific sentence/disposal of “Sexual harm prevention order (formerly sexual offence prevention order)”. We’d received feedback from some users who had not chosen “Relevant order” (which is what those disposals come under) so we thought it would make it clearer for these to be a standalone option to add.

If you have any suggestions for further improvements, please email your thoughts through to advice@unlock.org.uk.

Volunteer’s Week is almost here

It’s Volunteer’s Week from the 1st to 7th June and, like many organisations across the country, we’ll be holding celebrations to say thank you to our volunteers, recognising the important contribution they make.

During 2016/17 our 6 office-based volunteers provided over 3000 hours of help and support to individuals who contacted our helpline. They not only provided a wide range of information and advice but, on many occasions listened to people getting things off their chest and talking about what might have been a very distressing experience.

Our volunteers perform a range of tasks but essentially they:

 

  • Bring a range of qualities, skills and expertise which we don’t always get from the staff in our team – for example specialist language skills and cultural understanding
  • Help us to engage with some hard to reach individuals by using their own personal experiences
  • Enrich our organisation by bringing diversity
  • Can turn into a member of our staff!

In return, we provide plenty of opportunities for social inclusion (we’re a really welcoming bunch), skills development and potential routes into employment.

So, if you’ve been thinking about volunteering, what better time than now to take the plunge?

Find out more about the roles we have available by taking a look at our ‘Get Involved‘ page.

Has an employer wrongly checked your official criminal record? – Get in touch

As part of our Fair Access to Employment project we’re looking for examples of employers who have carried out inappropriate levels of criminal record checks. We’re gathering this information to feed into our legal strategy which aims to put an end to unlawful criminal record checks.

We’re especially keen to hear from anyone who believes that an employer has carried out a standard or enhanced criminal record check for a role that wasn’t eligible for that level of check and that employer has subsequently taken into account spent convictions or other information from the police that they were not entitled to see (so called “soft intelligence” or “local police information”).

The types of information we’re looking for

We’re interested to hear examples where:

  1. Employers have carried out a standard or enhanced criminal record check which revealed spent convictions or “soft intelligence” or both, AND
  2. The role in question was not eligible for that level of check (i.e. a standard check was carried out when the role was only eligible for a basic check, or an enhanced check was carried out when the role was only eligible for a standard or basic check).

We will review all of the evidence and advise you about your options, including potentially participating in legal action against the employer or umbrella body for submitting an ineligible check or against the DBS for processing an ineligible check.

For more information see our website

Have you ever tried claiming compensation as a victim of crime?

Last month The Independent published an article highlighting how rape victims with criminal records for minor offences were being regularly denied compensation under the Criminal Injuries Compensation Scheme.

The article explained how compensation for rape committed by one attacker is set at £11,000. However, if the victim has an unspent conviction for, say, failing to pay her TV licence, then this amount would be reduced, seeming to create ‘an idea of deserving and undeserving victims’.

However, women rape victims are not the only ones who fall foul of the rules of the scheme, which was designed to “compensate blameless victims of violent crime in Great Britain”. If you have an unspent criminal record, then the Government is of the view that this should have an impact on any compensation with payments either reduced or totally refused.

The worst affected will be anybody having an unspent conviction for an offence which resulted in:

  • A custodial sentence
  • A community order
  • A youth rehabilitation order
  • A sentence excluded from rehabilitation (for example an IPP sentence)

In these cases, no payments will be awarded.

Once your conviction becomes spent, your payments are not be affected.

The scheme has been challenged unsuccessfully through the courts many times and we’d like to hear from anyone who has gone through the process and either had their compensation refused or reduced. Please email the details to policy@unlock.org.uk.

For more information

  1. For practical self-help information – More information is available on our compensation as a victim of crime information page
  2. Questions – If you have any questions about this, you can contact our helpline.

 

Do you live in Scotland? Do you have a criminal record? Can you help?

Disclosure Scotland is currently reviewing it’s Protecting Vulnerable Groups (PVG) Scheme and is looking for views.

We thought it was a great opportunity for people with a criminal record in Scotland to have their say and potentially make a difference to important legislation that will have a real impact on people with a criminal record that live in Scotland.

There’s more information about the review in its Terms of Reference.

The best way to help is to complete the online survey, which will take about 10 minutes. You can also send them an email if you’d like to get more involved.

Landmark Court of Appeal ruling – Government loses appeal against DBS filtering regime – Judgement will help thousands of people put their past behind them

For those of you that have been following the work we’ve been doing on challenging the DBS ‘filtering’ process, we’ve heard today that the Court of Appeal has rejected the Government’s appeal to a decision of the High Court in January last year. This ruled that the criminal records disclosure scheme was disproportionate and unlawful.

The judgement handed down today involved a number of cases that were heard in the Court of Appeal in February this year, including one from Liberty and one from Hodge, Jones & Allen, supported by Just for Kids Law.

The court heard the case of a man convicted in the 1980’s of ABH when he was 16 and received a conditional discharge. The President of the Queen’s Bench Division, Sir Brian Leveson, said in his judgement:

It is difficult to see how publication of this detail, 31 years on, is relevant to the risk of the public, or proportionate and necessary in a democratic society.

We’re delighted with the Court of Appeal’s judgement which will benefit thousands of people who have old or minor criminal records. The current system which was introduced in 2013, operates with inflexible rules meaning that, for example, someone with more than one conviction on their record will have them disclosed forever, regardless of the nature or circumstances. These shortcomings have now been recognised by the Court of Appeal.

We hope the next government will take immediate steps to respond to today’s ruling by reforming the current system and introducing a fairer and more flexible system.

More information

  1. Read Unlock’s full press release
  2. Find out more about our work on this issue on our policy page for challenging the DBS ‘filtering’ process
  3. For practical information on filtering, read our detailed guide
  4. Discuss this issue on our online forum.

Moving on: Opening a bank account whilst your’re in prison

This month, we’ve written another article for Inside Times ‘Through the Gate’ section which focuses on opening a bank account whilst your’re in prison.

A copy of the article can be found below.

I’m currently in prison and want to open a bank account ready for when I’m released. Can I do it while still in prison?

Many people in prison don’t have a bank account. It’s a fundamental necessity of modern life and therefore resettlement; whether you’ll be going into a paid job on release or claiming JSA, you’ll need a bank account for any money to be paid into.

That’s why it’s a good idea to try and open an account before you’re released. When you open an account, bear in mind that generally:

  • You’ll need to give the prison as your address;
  • Authorised staff from the prison can inspect financial records that come into the prison;
  • You won’t be allowed to open an account which offers credit facilities;
  • You won’t be allowed to have in your possession any cheque book or debit card that is associated with the account.

With the above in mind, you should look to open a basic bank account. A basic account will allow you to have wages and benefits paid into it, will give you a debit card and will enable you to set up direct debits to pay bills. It won’t provide you with an overdraft facility.

Does your prison have a banking arrangement in place?

Back in 2005, Unlock identified that many people coming out of prison didn’t have access to a bank account and often missed out on securing employment as a result of this. Over the next 9 years, we worked with various banks and prisons to set up specific arrangements in 74 prisons to make the process of getting an account much simpler. In 2014, there were 114 prisons with links to a high street bank, and we handed over the day-to-day responsibility to the National Offender Management Service (NOMS) to sustain this work.

Speak to your personal officer or the resettlement department to find out whether there is a banking arrangement in place and whether you would be eligible to open an account. Some prisons prioritise those that are nearing the end of their sentence. If you are eligible, you should be provided with details of how you make an application.

What can you do if your prison doesn’t have an arrangement in place?

If your prison doesn’t have a specific arrangement in place, there is nothing stopping you from applying to other banks, but it can be a lot more difficult. It might help if you apply to a bank close to the prison – you can always change branch at a later date if you wish to. Ask your personal officer or resettlement department for a list of local banks.

It should be stressed that the attitude of staff can vary between banks and also branches and therefore, if you’re refused by one, don’t give up – try somewhere else.

Proving your identity whilst in prison

For many people in prison and on release, the biggest problem they face when applying to open a bank account is providing identification. Even if the bank is happy to open an account for you, you will still need to meet the individual bank’s ID requirements. Most will ask you to prove your name with another piece of ID to prove your address. This can often be expensive.

As part of our banking project, we helped to overcome the problem that people with no ID face. We created an ID form which can be signed by the Governor, which will prove who you are. Further details about the form and how it is used by the prison can be found in PSI 44/2011.

Feedback on individual prisons

When we handed the banking project back to NOMS in 2014, 114 prisons had links with a high street bank and 5936 basic bank accounts had been opened for people in prison in 2013-14 alone. What began as a small charitably funded project, ultimately ended up as a national campaign which attracted significant political and media interest.

If you believe that the prison you are in does have a banking arrangement, but it’s either not being delivered or you’re not able to access it, then we’d like to hear from you as this will help us in our work to make sure people are able to open a basic bank account before release from prison.

 

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