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For people with criminal records
For people with criminal records

Category: Way basic works

Launch of #FairChecks – A fresh start for the criminal records system

Together with the charity Transform Justice, Unlock has launched the #FairChecks movement to help push for a fresh start for the criminal records system.

Our outdated criminal records regime is holding hundreds of thousands of people back from participating fully in society. Even a minor criminal history can produce lifelong barriers to employment, volunteering, housing and even travelling abroad, many years after people have moved on from their past. The system needs to change.

The #FairChecks movement is calling for the government to launch a major review of the legislation on the disclosure of criminal records to reduce the length of time a record is revealed.

Commenting on the site, Christopher Stacey, co-director of Unlock, said:

“People who have made mistakes in the past find themselves locked out of jobs and opportunities, unable to fully contribute to society or to achieve their potential because of a criminal record that is effectively a life sentence. Helping people to secure employment, support their families and contribute to the economy is one of the best ways of making communities safer. Yet the law as it stands means people are forced to reveal criminal records to employers and others for many years – sometimes for the rest of their lives.

“Unlock is delighted to be partnering with Transform Justice to launch the #FairChecks movement to help push for a major review of the legislation on the disclosure of criminal records. Everyone should have the opportunity to unleash their potential and make a positive contribution to society. Everyone should have the opportunity of a fresh start. The #FairChecks site is a crucial way for people to show their MP that they support reform of the criminal record disclosure system.”

Penelope Gibbs, director of Transform Justice, said:

“People want to move on from their past but our criminal records disclosure system is a barrier. Transform Justice is pleased to be partnering with Unlock to launch a movement for reform of the system. We know that everybody who has been in trouble with the law should have the opportunity of a fresh start”

How can you help?

Use the #FairChecks site to get the support of your local MP.
Because it is the government that has to make changes to the law, we need the support of MPs. You can help by getting the support of your local MP. The first step is to use the #FairChecks website to send them a letter letting them know that a fair criminal records system is important to you.

Share the #FairChecks site on social media.
Please tweet a link to the site using the hashtag #FairChecks, share it on Facebook and LinkedIn and highlight it with your networks, directing people to the website www.fairchecks.org.uk.

Support it as an organisation.
Alongside encouraging individuals to use #FairChecks to write to their MP, we are keen for organisations to be part of this too. We want to encourage organisations to show their public support for #FairChecks through Twitter, other social media and blogs, and please do get in touch with us if your organisation is interested in showing its support in other ways.

 

For more information about #FairChecks, visit unlock.devchd.com/fairchecks

Unlock comment: Ministry of Justice plans on criminal record reform

Commenting on today’s announcement (15 July) by the Ministry of Justice on plans to make changes to the Rehabilitation of Offenders Act 1974, Christopher Stacey, co-director of Unlock, said:

“Unlock very much welcomes and supports today’s announcement by the Justice Secretary. If his commitment proceeds to statute, it will mean more people with criminal records being able to get jobs and make a positive contribution to society. The current criminal records disclosure regime does little to promote rehabilitation or serve public protection, but it does result in people being locked out of jobs and opportunities, often for the rest of their life, because of a criminal record that serves as a second sentence.

“England and Wales has one of the most punitive criminal record disclosure regimes in Europe – and there’s no evidence that it’s reducing crime. Getting people with convictions into work, supporting their families and contributing to the economy is one of the best ways of making communities safer. Evidence shows that more than half of men, and three quarters of women who receive a conviction, will never be convicted again. That is why we have long campaigned for a system that enables all convictions to become ‘spent’ at some point.

“This would enable more people that have received prison sentences of over 4 years to reach the stage, after a period of living crime-free, where their criminal record becomes ‘spent’, and for many others enable their conviction to become spent much sooner than at present, within a proportionate, evidence informed timeframe. This means they will no longer be required to unnecessarily disclose it for most jobs or education courses, nor for housing or insurance.

“However, there is little point in having more people reach this stage if employers can continue to discriminate. There are fundamental questions as to how effective the legislation is in a society where information remains online and employers regularly ask about spent convictions even if they are not entitled to know about them. The government needs to make sure that the legislation does what it is intended to do – give people a chance to live free of the stigma of their past. We urge the government to use this opportunity to do that work, and we look forward to working with them so that law-abiding people with convictions have a real chance to move on positively with their lives without their criminal record hanging over them.”

Notes

  1. We understand that the plans are focused on the Ministry of Justice making changes to Rehabilitation of Offenders Act 1974, which sets out the time periods for which criminal records become ‘spent’, at which point they are not disclosed on basic criminal record checks. It is important to note that once convictions become spent, they are not wiped from police records, and they remain available for disclosure when applying for work in certain roles such as becoming a solicitor (which involves a standard DBS check) or roles involving children or vulnerable groups (which involve an enhanced DBS checks).
  2. Find out more about our policy work on reform of the Rehabilitation of Offenders Act 1974.
  3. The government is yet to respond to the Supreme Court judgment from January of this year. That ruling is focused on the rules that determine what is disclosed (or filtered) from standard and enhanced criminal record checks.

 

New research finds thousands of people every year struggle because of youth criminal records from decades ago

Unlock, the country’s leading charity for people with convictions, has today published research on the impact of criminal records acquired in childhood and early adulthood.

New data in the report, A life sentence for young people, shows that hundreds of thousands of people are being affected every year, and often many decades later, because of mistakes they made when they were children or young adults. In the last 5 years alone, over 2.25 million youth criminal records were disclosed on standard/enhanced checks by the Disclosure and Barring Service (DBS) that were over 15 years old.

Commenting on the report, Christopher Stacey, co-director of Unlock, said:

“This report shines a spotlight on the sheer number of very old and minor criminal records being routinely and unnecessarily disclosed on standard and enhanced DBS checks, raising serious questions about the effectiveness of the criminal record disclosure regime and in particular the DBS filtering process.

 

“From employment, volunteering and studying at university, to travelling abroad and buying home insurance, this report shows how a criminal record represents a significant barrier to thousands of people, even decades later. In the last 5 years, nearly 1 million youth criminal records on standard/enhanced checks were over 30 years old. This shows that the regime is in desperate need for reform.

 

“That’s why we’ve today launched a CrowdJustice appeal. Money raised will help cover Unlock’s legal costs for intervening in a landmark Supreme Court case next month. We will make sure that the court understands the importance of the issue, the failings of the current system, and how it could be changed for the better.”

 

The report was featured today by the Guardian.

 

Key findings in the report

In the last 5 years alone on standard/enhanced DBS checks:

  1. Nearly 850,000 people have been affected by the disclosure of a youth criminal record on a standard/enhanced check.
  2. Over 3.5 million youth criminal records have been disclosed
  3. Over three-quarters of youth criminal records disclosed (almost 2.75 million) were over 10 years old.
  4. Over 2.25 million youth criminal records disclosed were over 15 years old.
  5. Nearly 1 million youth criminal records disclosed were over 30 years old.

 

CrowdJustice appeal

Today’s report coincides with the charity launching a crowdfunding appeal to help raise money to pay for the charity’s legal costs in intervening a landmark Supreme Court case next month.

In June, the Supreme Court will hear the appeal of the Government which is arguing that their current approach to disclosing old and minor criminal record on standard and enhanced DBS checks, often decades later, is fair. Unlock disagrees. In fact, a criminal record that someone gets in their youth can, in effect, be a life sentence of stigma and discrimination.

This is the first time in its 18-year history that Unlock has intervened in a legal case. 

Update: We are pleased that we reached our crowdfunding target. Thank you for your support. 

 

Notes

  1. Unlock is an independent, award-winning national charity that provides a voice and support for people with convictions who are facing stigma and obstacles because of their criminal record, often long after they have served their sentence.
  2. There are over 11 million people in the UK that have a criminal record.
  3. Unlock’s website is unlock.devchd.com.
  4. High-resolution images for media use are available from Unlock’s Flickr account.
  5. The report is available to download at https://unlock.org.uk//wp-content/uploads/misc/youth-criminal-records-report-2018.pdf. A summary of the report can be downloaded here.
  6. Unlock has been granted permission by the Supreme Court to intervene in the case. We want to put forward strong arguments on behalf of everyone who is unfairly affected by the criminal records disclosure regime because of its blunt rules which result in, for example, indefinite disclosure in all cases where someone was convicted of more than one offence, no matter how old or minor those offences were. Intervening will help us to make sure that the Supreme Court understands the importance of the issue, the failings of the current system, and how it could be changed for the better. So we’re raising money now to pay for the legal costs that will help us to do this.

 

Case studies

Under the current system for jobs involving standard or enhanced DBS checks, Michael & Anita’s criminal record will be disclosed for the rest of their lives

Michael (not his real name)

When he was 17, Michael was convicted of theft of a coat from a market stall. He was fined £30. Ten months later, 23 days after turning 18, he was convicted of stealing a motor cycle and driving without insurance. He was fined £50 and sentenced to 24 hours at an attendance centre. That was 36 years ago; he’s come a long way since then. He’s now in his fifties. However, Michael’s long-forgotten past has come back to haunt him and he’s concerned about his work as a finance director. He could lose his job and a career that he’s worked hard for.

Anita (not her real name)

When she was 11, she was playing with a lighter in the girls’ bathroom at school and set a toilet roll alight causing around £100 of damage. She was arrested for Arson and told that the reprimand she was given would come off her record when she turned 19. Then after months of being bullied in secondary school, she was involved in a fight. She and the other pupil were both arrested for Actual Bodily Harm. She was encouraged by the police to accept a reprimand rather than challenge it in court and was told it would come off her record in five years. Now nearly in her thirties, she’s a qualified English teacher. However, not only was her record not removed like she was told it would be, but her two reprimands come up on enhanced DBS checks and will do under the current DBS rules for the rest of her life. The hopelessness of trying to find work has led her to working abroad and to bouts of depression and anxiety.

Basic criminal record checks launched today by the DBS

From today, the 17th January 2018, basic criminal record checks can now be obtained directly from the Disclosure and Barring Service (DBS)

This is a significant development for both people with criminal records and employers in England & Wales.

Basic checks are a type of criminal record check that can be used by employers and other organisations, for example when they are recruiting staff. They can also be used by insurance companies in validating claims. Basic checks show any ‘unspent’ criminal records (as defined by the Rehabilitation of Offenders Act 1974). Once a conviction or caution is ‘spent’, it no longer shows on a basic check.

Commenting on the news, Christopher Stacey, co-director of Unlock, said:

“We cautiously welcome today’s news. A basic check from the DBS is long overdue, and it should help to make the system clearer, ensuring that employers carry out the appropriate levels of checks instead of carrying out standard or enhanced checks which can often be unlawful.

 

“However, we’re concerned about a number of aspects to the way the DBS plan to operate basic checks, including allowing them to be sent directly to an employer. This runs the risk of employers being sent information that they’re not entitled to see, and is why this practice was reversed in 2012 for standard and enhanced checks. We’ve raised these concerns with both the DBS and the Home Office, but for the time being we’re advising any individual that thinks they have a spent conviction to make sure they apply for a basic check directly from the DBS and get it sent to their home address.”

On a practical level, we’ve developed a landing page dedicated to basic DBS checks as a one-stop-shop for the latest information, advice and updates. It’s been written primarily for people with convictions, but with employers and others in mind too, covering things like:

  1. How to get a basic check
  2. Should the check be sent to the applicant or the employer?
  3. What are eCertificates & eResults?
  4. Our advice for individuals
  5. Our advice to employers

Why is this important?

  1. It’s been a long time coming – The introduction of basic checks has been in the business plan of the DBS since 2002 (back when it was the CRB, the Criminal Records Bureau).
  2. It’s highly likely to mean an overall increase in criminal record checks – The DBS is anticipating around 1.7 million basic checks in the first year. This compares to just under 1.2 million in 2015/16 when it was done by Disclosure Scotland.
  3. It means criminal record checks will be available online – The basic DBS check will be available in both paper form and online. The setting up of an online account (for both applicants and organisations) will allow access to what are referred to as “eCertificates”.
  4. It makes the type of DBS check being done even more important – Employers often refer to a role “involving a DBS check”. Up until now, reference to “a DBS check” could be taken as code for meaning a standard or enhanced check, which meant the disclosure of cautions and convictions, even once spent. Now, with the DBS doing a basic level check, it’s even more important that employers explain what type of check a specific role involves to make sure that applicants clearly understand what they need to disclose.
  5. It’ll hopefully reduce ineligible checks – We’ve been cautiously encouraging the introduction of basic checks as a key part of how to reduce the numbers of employers carrying out levels of checks (i.e. standard or enhanced checks) for roles that are not eligible for them.

We expect to learn more about the day-to-day practices of basic checks in the coming days, weeks and months. As we learn more, we’ll do our best to reflect this in our guidance.

For more information, and the latest details, visit our information page on basic DBS checks.

 

Basic DBS checks are coming soon – find out more

The Disclosure and Barring Service (DBS) is introducing basic criminal record checks for people in England & Wales. This replaces the service previously provided by Disclosure Scotland.

This is a significant development for both people with criminal records and employers in England & Wales, so we’ve developed a new information page dedicated to basic DBS checks as a one-stop-shop for the latest information, advice and updates. It’s been written primarily for people with convictions, but with employers and others in mind too, covering things like:

  1. How to get a basic check
  2. Should the check be sent to the applicant or the employer?
  3. What are eCertificates & eResults?
  4. Our advice for individuals
  5. Our advice to employers

Basic checks are a type of criminal record check that can be used by employers and other organisations, for example when they are recruiting staff. They can also be used by insurance companies in validating claims. Basic checks show any ‘unspent’ criminal records (as defined by the Rehabilitation of Offenders Act 1974). Once a conviction or caution is ‘spent’, it no longer shows on a basic check.

Why is this important?

  1. It’s been a long time coming – The introduction of basic checks has been in the business plan of the DBS since 2002 (back when it was the CRB, the Criminal Records Bureau).
  2. It’s highly likely to mean an overall increase in criminal record checks – The DBS is anticipating around 1.7 million basic checks in the first year. This compares to just under 1.2 million in 2015/16 when it was done by Disclosure Scotland.
  3. It means criminal record checks will be available online – The basic DBS check will be available in both paper form and online. The setting up of an online account (for both applicants and organisations) will allow access to what are referred to as “eCertificates”.
  4. It makes the type of DBS check being done even more important – Employers often refer to a role “involving a DBS check”. Up until now, reference to “a DBS check” could be taken as code for meaning a standard or enhanced check, which meant the disclosure of cautions and convictions, even once spent. Now, with the DBS doing a basic level check, it’s even more important that employers explain what type of check a specific role involves to make sure that applicants clearly understand what they need to disclose.
  5. It’ll hopefully reduce ineligible checks – We’ve been cautiously encouraging the introduction of basic checks as a key part of how to reduce the numbers of employers carrying out levels of checks (i.e. standard or enhanced checks) for roles that are not eligible for them.

What is happening and when?

From 1st September 2017, the DBS will begin processing basic criminal record check applications.

There will be a transition phase between 1st September and 31st December, where basic checks will still be available from Disclosure Scotland too. After the 31st December 2017, basic checks will no longer be available to applicants in England & Wales from Disclosure Scotland.

To start with, the basic check service from DBS will be open to a small number of large registered organisations. This will be followed by an online process for individuals, expected to be from 1st January 2018.

Disclosure Scotland will continue to process basic check applications for people in Scotland.

We’re waiting for more information from the DBS about the exact timescales, and once we have these, they’ll be on this page.

We’re expecting the DBS to publish its own online guidance on basic checks soon. Once it’s available, we’ll link to it from here.

For more information

The information in this post is likely to develop over time. For more information, and the latest details, visit our information page on basic DBS checks.

This was originally published as an update on our information site. 

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