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For people with criminal records
For people with criminal records

Category: What DBS disclose

A momentous day for tens of thousands of people with old and minor criminal records

Today is a momentous day for tens of thousands of people with old and minor criminal records. 

The stigma and embarrassment of a criminal record means many people simply don’t apply for jobs or voluntary roles that would require them to disclose their old and minor convictions or cautions. It’s a toxic form of punishment to keep punishing people forever and far too people many are unnecessarily anchored to their past as a result.  

That’s why today is such a big day. Changes to the law have come into effect, meaning tens of thousands of people every year will no longer have their old and minor criminal records show up when they apply for jobs or voluntary roles that involve standard or enhanced DBS checks . 

There are two main changes to what convictions and cautions are removed from standard and enhanced DBS checks. These are referred to as the filtering rules. 

The first change is that childhood cautions will no longer be automatically disclosed. Up until now, about 25,000 childhood cautions were disclosed every year, so this change will help thousands of people move on from minor things they did when they were a child.  

The second change is that a so-called ‘multiple conviction rule’ is being abolished. This arbitrary rule had meant that people with more than one conviction on their record had them all disclosed, no matter what the offences were, and no matter how long ago they were, simply because there was more than one. From the experience of Unlock’s helpline, we know this rule had meant that lots of people with minor convictions from decades ago were still finding them showing up on their check. According to Home Office data, these changes will mean around 45,000 people a year will now have a clear standard or enhanced DBS check. But this estimate is based on people that had previously applied for checks – and given we know many people are simply put off applying through fear and embarrassment, the number that will benefit from these changes will be even higher still.  

How we got here

It’s been a long road to get to this point. I was part of an independent panel that was set up back in 2010 to advise the Home Secretary on this issue, and the system of filtering that was brought in in 2013 made a difference to a lot of people, but we could see that there were problems, which is why we set about advocating for further change. When it was clear the government were resisting that, it took a number of legal challenges to get them to listen. 

And being honest, it is hard to give the government much credit for bringing forward these changes. They have contested the legal cases all the way up to the Supreme Court, the highest court in the land. Unlock supported those various legal challenges, and formally intervened in the Supreme Court for the first time in our history, because of the significance of the case. The result was a landmark ruling against the government. Even then, it’s taken the government nearly two years to get to this point of actually making the changes.  

But we are where we are, and I’m genuinely delighted for the thousands of people that have been in contact with us over the years waiting for changes like this to happen. It’s difficult to do justice to the struggles, shame and stigma that they have felt. Finally, today is the day when that injustice ends and many thousands of people will be free of the stigma of their past. For every one of you that benefits from today’s changes, I want to thank you for all of the support you have given to Unlock’s work on this over the years.  

Unlock’s guidance for individuals and employers

The changes being made today are actually quite simple, but the rules around what gets disclosed on checks are still quite complicated, so it’s important that you find out what these changes mean for you. We’ve been busy working on updating our guidance for individuals and employers, and that is all available from this page of our website. You can:

The need for further reform

But there’s still a lot more to do. Despite today’s changes, we are still left with a criminal records system where many people with old and minor criminal records are shut out of jobs that they are qualified to do because of a mistake they made years ago. For example, Unlock research found that over a five year period, 380,000 checks contained childhood convictions, with nearly 3,000 checks including convictions from children aged just ten. Many of these childhood convictions will continue to be disclosed forever, despite today’s changes.  

At a time when we’re facing significant economic uncertainty, people with criminal records are finding it harder than ever to find work. The government must commit to a wider review of the criminal records disclosure system to ensure all law-abiding people with criminal records are able to move on into employment and contribute to our economic recovery. 

That’s why Unlock is continuing to call for a root and branch review of the criminal records system to reduce the length of time a record is revealed. Everyone should have the opportunity to achieve their potential and make a positive contribution to society. Everyone deserves the chance to build a good life. The #FairChecks site is a crucial way for you to show your MP that you support reform of the criminal record disclosure system. 

 

 

Government responds to Supreme Court ruling with plans to change criminal records disclosure regime

Responding to government plans to change the criminal records disclosure regime to address the Supreme Court judgment in the case of P and Others v SSHD & SSJ (the ruling on the filtering system and the disclosure of criminal records), Christopher Stacey said:

“We welcome the government’s intention to fully comply with the Supreme Court ruling on filtering. Unlock intervened in that vital case because we know thousands of people are unnecessarily anchored to their past due to an arbitrary regime which forces the disclosure of old and irrelevant information. The changes announced today are a crucial first step towards achieving a fair system that takes a more balanced approach towards disclosing criminal records.

 

“However, we are still left with a criminal records system where many people with old and minor criminal records are shut out of jobs that they are qualified to do. Reviews by the Law Commission, Justice Select Committee, Charlie Taylor and David Lammy MP have all stressed the need to look at the wider disclosure system. The government’s plan for jobs should include a wider review of the criminal records disclosure system to ensure all law-abiding people with criminal records are able to move on into employment and contribute to our economic recovery.”

 

Background

On 30 January 2019, the Supreme Court directed the Government to fix the broken Disclosure and Barring Service (DBS) system. Four claimants had challenged the blunt and punitive rules, that require them to disclose multiple offences, no matter how historic or minor, and to disclose cautions received in childhood. Every year about 25,000 youth cautions are disclosed in criminal record checks, around 75% of those cautions were for incidents that happened over 5 years ago.

The Court, agreeing with two lower courts whose judgments the Government had challenged, said the Government needed to fix the rules to allow people to move on from past mistakes.

Planned changes 

This change affects spent convictions that may continue to be disclosed on standard and enhanced checks. It does not affect unspent convictions which will continue to be disclosed.  

A Statutory Instrument is a way of amending existing law. It means changes can be made in a shorter timeframe than passing new primary legislation. The planned changes to the filtering rules are set out in Statutory Instruments relating to the Police Act 1997 and Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975. 

The Statutory Instrument’s remove the automatic disclosure of: 

  • youth cautions, reprimands and warnings (an out of court disposal issued to young offenders that were replaced by youth cautions in 2013); and 
  • all spent convictions where the individual has more than one conviction (except where disclosed under the other rules) 

What will not change 

Convictions resulting in a custodial or suspended sentence will still be disclosed.

Convictions or adult cautions for an offence that can ‘never be filtered’ will still be disclosed. 

The time that must pass before filtering applies remains the same – 11 years for a conviction (5.5 years for convictions under the age of 18) and 6 years for adult cautions (youth cautions will no longer be disclosed). 

In addition, enhanced criminal records certificates may also include any information which a chief officer of police reasonably believes to be relevant and in the chief officer’s opinion ought to be included in the certificate.

What does this mean for you? 

It’s important to note that these changes are not yet law.

You will no longer have to disclose reprimands, final warnings or cautions received under the age of 18 on application forms for regulated jobs or university courses. These will no longer be disclosed on a standard or enhanced DBS certificate. 

Multiple childhood convictions will be filtered after 5.5 years unless they are for a specified offence and did not result in a custodial or suspended sentence. 

Multiple convictions acquired after the age of 18 will be filtered after 11 years, unless they are for a specified offence or resulted in a custodial or suspended sentence. Adult cautions have not changed. 

Find out more about the impact of these planned changes.

Useful links

  1. The government announcement can be found here.
  2. The letter to Unlock from Victoria Atkins explaining the changes
  3. Unlock’s response to the judgment on 30th January 2019, including case studies and a background to the case, is available here.
  4. More information about our policy work on the DBS filtering system is available here
  5. #FairChecks movement – calling for a fresh start for the criminal records system

Notes

  • Press & media
  • Unlock is an independent national charity that provides a voice and support for people who are facing stigma and obstacles because of their criminal record, often long after they have served their sentence.

Unlock cautiously welcomes incentives for employers who take on young adults

Unlock welcomes the Chancellor’s summer statement, in particular, incentivising employers to create training placements and apprenticeships for young adults. This age group has been significantly affected by the impact of the coronavirus pandemic – by mid-June, around a third of 18-24 year olds had been furloughed or made redundant.

The ‘Kickstart’ scheme means 16-24 year olds will be able to apply for Government grants to subsidise six-month work placements. In addition, firms taking on new apprentices aged 16 to 24 will receive £2,000, and those hiring new apprentices aged 25 and over will be paid £1,500.

Unlock’s co-director Christopher Stacey said:

These incentives have the potential to set young people on the path to employment. However, government backed schemes must offer opportunities to the most vulnerable young people – care leavers, people of minoritised ethnicity and those in areas hardest hit by the economic downturn. We know from evidence and experience that these young people are more likely to be criminalised and that a criminal record acquired in adolescence can be a life sentence.

 

With that in mind, we hope the scheme will ensure that a criminal record is not a barrier and that employers who benefit from Government subsidy have in place fair recruitment practices.

 

Too often, a criminal record is a barrier to moving on. As we move towards a ‘new normal’ let’s give all young people the chance to make a contribution.

Read about our priorities for government, which includes incentivising employers to recruit people with convictions.

 

MP puts #FairChecks on Boris Johnson’s radar

Boris Johnson was called out this week for “dithering” in sorting out our “damaging and discriminatory” criminal records system.

At Wednesday’s Prime Minister’s Questions, John Spellar MP, who represents Warley constituency, called for Boris Johnson to “sort out this scandal now”.

The Prime Minister conceded there are issues with the system that need looking at urgently, adding “I think that every MP will have had representations from people who feel they’ve been unfairly treated by it.” Watch the clip here.

It’s thanks to those of you that have written to your MP through the #FairChecks site that MPs like John Spellar feel compelled to bring it to the government’s attention. Your support is making all the difference!

The bigger the movement the bigger the change. Help us grow in numbers by signing up if you’ve not already done so, and encouraging your friends, family and networks to write to their own MP about #FairChecks.

Has an employer wrongly carried out a standard or enhanced DBS check?

As part of our fair access to employment project we’re gathering information on employers who have carried out standard or enhanced checks where only a basic is legally permitted.

For some jobs, employers are allowed to consider cautions and spent convictions (unless they have been filtered). Employers recruiting for these jobs are legally permitted to carry out a higher level DBS check – a standard or enhanced check. Both checks disclose cautions, spent and unspent convictions and enhanced checks may also include additional “soft intelligence” held in police records. It is a criminal offence for an employer to knowingly request a check at a higher level than the law permits.

Find out more about eligibility here.

What we need from you

Has an employer has carried out a standard or enhanced criminal record check for a role that wasn’t eligible?

Have they taken into account spent convictions or other information that they were not entitled to see (so called “soft intelligence” or “local police information”?

If so, please contact us at policy@unlock.org.uk using the subject header ‘Call for evidence: ineligible DBS check’. Please include:

  • The name of the employer (or umbrella body if relevant) that did the check
  • The job title of the role you applied for, and a description of the responsibilities
  • A copy of the job advert (if available)
  • The full details of your criminal record
  • Details of any correspondence with the employer about the check – for example, did they tell you it was necessary for the role you were applying for and, if so, did they say anything else about why?
  • Details of what happened when the disclosure certificate was given to the employer
  • Whether you would be willing to contribute to any media coverage on this issue in future (this is for our reference, we won’t share your details without consent)

Any information you provide will be kept in line with our confidentiality policy. Any personal information provided to us will not be shared externally without your consent. To help us provide you with the best advice, we may discuss your case, anonymously, with legal practitioners.

Find out more about how we handle your data.

Find out more about what we do with your experiences and evidence.

Northern Ireland makes changes to the disclosure of convictions and cautions in response to Supreme Court ruling

Yesterday, the Department of Justice (DoJ) in Northern Ireland announced it was making changes to what is disclosed on standard and enhanced criminal record checks, in response to the Supreme Court ruling in January 2019.

The criminal record checking process in Northern Ireland (administered by AccessNI) is separate to that in England and Wales (administered by the Disclosure and Barring Service) so these changes will only affect those applying for jobs and volunteer roles in Northern Ireland.

Announcing the changes in Northern Ireland, Justice Minister Naomi Long MLA, said:

“As the result of a ruling made by the Supreme Court in January 2019, I have removed a restriction in the AccessNI scheme whereby if a person had more than a single conviction on their criminal record, all convictions held on their criminal record were disclosed on a standard or enhanced AccessNI check. This change ensures that the scheme is more proportionate in terms of the information released and that individuals will not find obtaining employment more difficult because of old and minor convictions in their past.

 

“In addition, any information about offences committed by persons under 18 which were adjudicated outside a court process (non-court disposals), such as informed warnings, cautions or youth conference plans will be scrutinised by the Department’s Independent Reviewer of criminal record certificates and will only be disclosed where she determines that the offence could undermine the safeguarding or protection of children and vulnerable adults or the protection of the public.”

This important announcement by the DoJ deals directly with the two aspects of the current rules that the Supreme Court found were not in accordance with the law. The changes will be introduced on an administrative basis until legislation has been passed meaning that certificates issued by Access NI will now comply with the law. Unlock has called on Westminster to implement a remedial order as soon as practical so that the DBS can comply with the ruling when issuing certificates in England and Wales. A remedial order should ensure that youth cautions, reprimands and warnings were filtered out, and the multiple conviction rule no longer applied. This is, in effect, what the Department of Justice has announced for Northern Ireland.

It is disappointing that the Department for Justice fell short of committing to a process for considering wider reforms. The Supreme Court is not the only critic of the current regime – the Law Commission, the Justice Select Committee and David Lammy MP have all made recommendations for reform. The changes announced in Northern Ireland have not looked at the list of offences that cannot be removed from standard or enhanced checks (so-called “specified offences”) nor has it changed the fact that any length of prison sentence (including suspended sentences) can never be removed, even by way of some form of review. In addition, in Northern Ireland in particular, the time it takes for convictions to become spent under the Rehabilitation of Offenders (Northern Ireland) Order 1978 remain far too long and are not evidence-based. Unlock continues to call for a root-and-branch review of the criminal records disclosure regime.

That said, we very much welcome the changes announced – they will have a significantly positive impact on people with old and minor criminal records in Northern Ireland. It is deeply disappointing that the UK government has yet to properly respond to the Supreme Court judgment as it applies in England & Wales.

Together with the charity Transform Justice, Unlock 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. This must change. The #FairChecks movement is calling for the government to launch a major review of the disclosure of criminal records to reduce the length of time a record is revealed.

 

 

Notes

  1. Sign up and support the #FairChecks movement
  2. The announcement from the Department of Justice in Northern Ireland
  3. Find out more about our work on challenging the DBS ‘filtering’ process as it doesn’t go far enough

Rights groups condemn government’s failure to fix broken DBS system

  • Supreme Court ruled one year ago that disclosure and barring service rules breach rights
  • DBS system continues to unlawfully breach rights of people with multiple minor convictions and childhood cautions.

A year after the UK’s highest court found current rules on criminal records checks breach human rights laws, Unlock, Liberty and Just for Kids Law have denounced the Government for failing to fix this broken system.

On 30 January 2019, the Supreme Court directed the Government to fix the broken Disclosure and Barring Service (DBS) system. Four claimants had challenged the blunt and punitive rules, that require them to disclose multiple offences, no matter how historic or minor, and to disclose cautions received in childhood.

The Court, agreeing with two lower courts whose judgments the Government had challenged, said the Government needed to fix the rules to allow people to move on from past mistakes.

A year later, the Government has done nothing, and this injustice continues.

Christopher Stacey, Co-director of Unlock, said:

“Thousands of people with old and minor criminal records have had their cautions or convictions disclosed in the last year because of the government’s delay to reform the system. Unlock intervened in the Supreme Court case because we know people are unnecessarily anchored to their past due to an arbitrary regime which forces the disclosure of irrelevant information. We strongly urge the government to put an end to this unfair lifelong sentence by immediately mending the broken filtering rules alongside committing to carrying out a root and branch review of the criminal record disclosure regime. It’s time for a fresh start for the criminal records system.”

Sam Grant, Policy and Campaigns Manager at Liberty, said:

“It is a disgrace that after years of failed wrangling in the courts, the Government continues to drag its feet and refuses to fix a clearly broken system. A blunt bureaucratic system continues to subject people to unfair treatment for mistakes they made long ago. If you make a few mistakes, you should be able to move on without it tarnishing you for the rest of your life. The Government must finally put this right.”

Enver Solomon, CEO of Just for Kids Law, said:

“There is no excuse for the delay in implementing the landmark judgement. Every year about 25,000 youth cautions are disclosed in criminal record checks, most of which are for incidents that happened over 5 years ago. All these people are being unlawfully stigmatised by the government dragging its feet and failing to change the law. It must now act immediately to ensure no child who is given a caution ends up with a lifelong criminal record that robs them of the chance to be fully rehabilitated.”

“P” and “G”

Liberty’s client, known only as “P”, committed two minor offences in 1999 – stealing a 99p book, then missing her hearing at a Magistrate’s Court. She had an undiagnosed mental illness. P has committed no crime since these convictions. She aspires to be a teaching assistant, to make the most of her previous teaching experience.

Under current Disclosure and Barring Service (DBS) rules, P is required to disclose her convictions when applying for jobs and voluntary positions. This leads to conversations about her medical history, and she has been frustrated in her attempts to work.

Just for Kids Law’s client, known as “G” received two reprimands when he was 13 years old. These reprimands appear on standard and enhanced DBS checks until he is 100 years old. The Supreme Court found that disclosing such reprimands to employers is directly contradictory to their purpose. Just for Kids Law argued that reprimands (now called youth cautions) are designed as a rehabilitative measure, and not a punishment for life.

Unlock, which campaigns on behalf of people with criminal records, intervened in the case.

Unlock estimates that between 2007 and 2017, over 1.7 million people received a minor conviction that was not their first offence. All of these will now be spent but will still appear on DBS checks.

Going by records from previous years, Unlock estimates that around 25,000 standard or enhanced DBS checks will have resulted in the disclosure of cautions received in childhood since the Supreme Court ruled this to be unlawful.

Earlier this month, Unlock and Transform Justice launched the #FairChecks movement. People make mistakes, particularly when young. A criminal record should not hold people back from fulfilling their potential. Join the movement if you think we need a fresh start for the criminal records system.

Notes

  • Unlock’s response to the judgment on 30th January 2019, including case studies and a background to the case, is available here.
  • More information about our policy work on the DBS filtering system is available here
  • Unlock is an independent 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.
  • Liberty challenges injustice, defends freedom and campaigns for everyone in the UK to be treated fairly, with dignity and respect. We’re an independent membership organisation, and our principles are guided by evidence and expertise – not political agenda, profit or popular opinion. We use our voice in courtrooms, in the news, on the streets and in politics to demand and deliver lasting change to benefit the many and most vulnerable. Since 1934 we’ve inspired and empowered people to defend their rights, and the rights of their family, friends and communities. Join us. Stand up to power.
  • Just for Kids Law is a UK charity that works with and for children and young people to hold those with power to account and fight for wider reform by providing legal representation and advice, direct advocacy and support, and campaigning to ensure children and young people in the UK have their legal rights and entitlements respected and promoted and their voices heard and valued.

Blog – Join the #FairChecks movement to help get a fresh start for the criminal records system

In the 1960s, when Richard was 16, he was found in possession of a small amount of cannabis. He was prosecuted for possession and given a one-year conditional discharge. As a student a few years later, Richard got into trouble again and was convicted of taking an item of food from a warehouse where he worked stacking shelves. He was given a one-year conditional discharge and put the mistake behind him.

After fifty years of good behaviour, a productive career and many positions of responsibility, Richard believed his record was clear. He was approaching seventy when his son wanted to join a choir and as a dad, Richard needed an enhanced DBS check. He suddenly discovered that the police were still listing his youthful mistakes as criminal convictions. Richard feels he is being punished for things that happened decades ago.

“When you look at this record, it looks dreadful. But I was never really the drug taking thief that it suggests – I was a young person who made a couple of silly mistakes. But it’s harder than you would ever believe to correct the impression this record creates, even though no-one apart from me knows or should care about what happened over forty years ago.”

Because of this “new” old record, Richard had to go through the shame and embarrassment of disclosing a criminal record that was older than some of the panel considering his case. He feels unable to apply for third sector work he would like to do. He believes he is being prevented from contributing to society in a way the justice system never intended.

“I thought that conditional discharges were invented to help people get back on track – but since the invention of the CRB/DBS, people like me are shackled with old records they cannot get deleted. This creates a problem that never goes away. We have lost faith in the capacity of people to learn from their mistakes and to change for the better.”

Around one in six people in England & Wales have a criminal record. Whether it resulted in a prison sentence or a fine, a criminal record can be disclosed on a standard or enhanced criminal record check for the rest of their life. Even a minor criminal history produces lifelong barriers that can block reintegration and participation in society. The vast majority of people won’t have been to prison, and many don’t even realise they still have a criminal record until they apply for a new job or volunteer role that involves a standard or enhanced criminal record check.

People like Richard must declare their convictions if they want to be a traffic warden or taxi driver aged 50.  A person can change quickly, particularly when they are young, but their criminal record remains.

Our current criminal records disclosure regime prevents people from achieving their full potential. It can be particularly crippling for employment, with 75% of employers discriminating against applicants because of a criminal record, and 50% of employers saying they would not recruit offenders or ex-offenders. The stigma attached means that if a conviction or caution is revealed, people often don’t get the chance to explain how they have turned their life around.

An increasing number of employers require DBS checks, and we know that many convictions and cautions that are revealed on these checks can be from many years, sometimes decades, ago. For example, research published by Unlock in 2018 showed that in the previous 5 years, over 1 million criminal records that related to offences from more than 30 years ago (when the person involved was between the ages of 10-25) were disclosed on standard or enhanced criminal record checks.

This happens without any good evidence that shows disclosing criminal records makes society safer. What the evidence does show is that time-passed is a key indicator – research from the US academic Karl Hanson shows that after 10 years offence-free (5 years for children), the risk presented by most individuals with a criminal record is not meaningfully different from that of the general population This begs the question why so many convictions from so many years ago keep on being disclosed on DBS checks.

In January 2019, the Supreme Court gave its judgment in an important case that Unlock intervened in. The case focused on the rules that determine what gets disclosed on standard and enhanced DBS checks. The Supreme Court ruled that two aspects of the rules are disproportionate and in breach of Article 8 of the European Convention on Human Rights. The government has yet to properly respond to this ruling.

The inclusion of old and minor offences on DBS checks carried out for employment and volunteering opportunities remains the single biggest issue that people contact Unlock about. This ultimately comes down to the rules (known as ‘filtering’ rules) that determine what gets revealed and what comes off a standard or enhanced check. Working to change the rules has been one of our priority areas for a number of years.

That’s why, together with Transform Justice, Unlock has set up the #FairChecks movement. The #FairChecks movement has been launched to advocate for reform of our outdated criminal records regime. We would like the government to reduce the length of time a record is revealed and remove out of date information from DBS checks. And we are asking MPs to get the government to work out how to do this by launching a major review of the legislation on the disclosure of criminal records. If you are interested in reforming the criminal records system so that everybody can fulfil their potential, visit fairchecks.org.uk where you can join the movement and write to your local MP.

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

New report highlights ‘double discrimination’ faced by black, Asian and minority ethnic people with a criminal record

Unlock, the country’s leading charity for people with convictions, has today published research on the impact of criminal records as perceived by people from Black, Asian and Minority Ethnic (BAME) backgrounds.

New data in the report, Double discrimination?, shows that over three-quarters of people surveyed (78%) felt their ethnicity made it harder for them to overcome the problems they faced as a result of having a criminal record. The overwhelming majority (79%) experienced problems gaining employment; these persisted over many years and affected all age groups. African and Caribbean people were most affected.

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

“The discrimination faced by people with a criminal record who are from a black, Asian or minority ethnic background may not be ‘double’, but the difficulties they face are certainly cumulative. The perceptions of many people we surveyed were that the criminal record disclosure rules caused them more problems because, had they been white, they may not have been prosecuted, or the sentence they received would have been lower and therefore ‘spent’ earlier.

“These perceptions are borne out by other evidence that shows how the criminal justice system disproportionately impacts on people from some BAME groups because of over-criminalisation and harsher treatment. Put simply, ethnicity impacts on the type of criminal record someone gets. The disclosure regime exacerbates problems faced by people already treated more harshly at all stages in the criminal justice system.

“Black and Asian defendants have consistently been given the longest average custodial sentence length since 2012. Harsher sentences take longer to become spent under the Rehabilitation of Offenders Act 1974, if they ever do, meaning a criminal record will cause more difficulties for longer. This is an additional penalty for Black and Asian defendants. What David Lammy refers to as the double penalty can in fact be a triple penalty – the ethnic penalty, the criminal penalty and then the disclosure penalty.

“Ethnicity is often a visible characteristic to employers, but a criminal record is not. This means that, while tackling ethnicity-based discrimination requires a certain set of responses, tackling conviction-based discrimination needs a different set of responses. For example, minimising, or delaying, the use of criminal records, may benefit BAME groups in particular but would result in a much fairer system for everyone. The Lammy recommendations to address ethnic disproportionality must continue, but in the meantime simple changes to the disclosure regime can help level the playing field.

“We urge the government to take forward our recommendations, including to carry out a fundamental review of the criminal records regime and to implement reform the Rehabilitation of Offenders Act 1974, including reducing the time before convictions become spent and expanding the scope of legislation so that all convictions can become spent.”

In the foreword to the report, David Lammy, MP for Tottenham and chair of the Lammy Review, writes:

“Those who experience our criminal justice system, above all, need a different future to aspire to, but our criminal records regime is holding them back. Employers, universities, housing providers and even insurers, can and do discriminate against those who disclose this information. This is an issue for all people with a criminal record whatever their ethnic background. However, this report by Unlock demonstrates that our criminal records system disproportionately discriminates against those from Black, Asian and minority ethnic backgrounds. Already facing discrimination when applying for employment, the barriers that BAME individuals face are solidified and compounded by our arcane criminal record process. This report shines a light on BAME individuals’ experiences of post-conviction problems – tied to the past and facing multiple disadvantage. I continue to urge the government to reflect hard on the impact of a criminal records regime that traps people in unemployment, contributes to high rates of recidivism and creates a double penalty for minorities. It’s time for urgent reform.”

Iqbal Wahhab OBE, chair of EQUAL, which focuses on action for race equality in the criminal justice system, said:

“When people of  BAME backgrounds make up 26% of the prison population yet 14% of the wider population, when young black men can be twice as likely to be unemployed than the rest of the population, when people of BAME backgrounds are significantly more likely to receive custodial sentences than their white counterparts and when every level of ethnic disproportionality in the criminal and legal justice system has risen since the Lammy report, we are facing a huge challenge to any claim that we live in a fair society. The problems are only getting bigger. The recommendations in Unlock’s report are essential steps that need to be taken to reverse these troubling trends. We keep hearing that companies with more diverse workforces perform better than those that haven’t. Employers need to be brought into these conversations more to become part of the solution whilst enhancing the performance of their own organisations as well as that of wider society at the same time.

“The ethnic penalty in employment is well documented and we welcome the evidence in Unlock’s report which shows the biggest challenge for BAME individuals post-conviction is securing employment. The government needs to do more to help BAME people overcome ethnic and conviction bias in the labour market. EQUAL supports Unlock’s call for the government to conduct a fundamental review of the wider criminal records disclosure regime.”

Sara Llewellin, CEO of the Barrow Cadbury Trust, said:

“The Barrow Cadbury Trust is proud to support the work of Unlock. This report into the experiences of black, Asian and minority ethnic people living with criminal records is eye-opening. David Lammy MP in his 2017 review on racial disproportionality called for changes to our criminal records regime. The data and personal testimony in this report lend more weight to that long-running debate on what those changes would look like, and the urgent need to reform the disclosure system to enable individuals to access education and employment opportunities.”

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 full report is available here. An executive summary is available here.
  6. Black and Asian defendants have consistently had the longest average custodial sentence length since 2012. As set out on page 58 of the Ministry of Justice (2016) Statistics on Race and the Criminal Justice System 2016.

Comments from survey respondents

An Indian man, now aged 36-45. He was convicted 10 years ago for 6 counts of theft and given a community sentence. He said: “There is already conscious and unconscious bias in the workplace, it’s a widely reported phenomenon. The combination of the conviction has made it worse. In the NHS where I work bullying and discrimination are rife, and made that much worse due to my ethnicity.”

An African man, aged 56-65. He got two convictions 40 years ago for shoplifting and fined for both. He said: “My experience is that BAME people are more heavily policed and (at least in the past) are put under pressure to admit to offences whether they committed them or not. Also, a bigger proportion of BAME people are socially disadvantaged. That means there is a higher risk of delinquency and convictions as children. I have been plagued by the fact that my convictions will never be spent as far as Civil Service vetting is concerned. I really don’t think a shoplifting conviction from the 1970s as a child should have remained on my record when I became an adult and started my career. They also led to me being refused visas for the USA and stopped me getting a second nationality (of my wife).”

An Indian woman, aged 46-55. She received one conviction 4 years ago for benefit fraud and sentenced to prison. She said: “The Indian community turned their back on me and I feel isolated. My house insurance was terminated. The cost of car and new house insurance increased. A loss of self-esteem stops me from applying for jobs. I don’t know where to find jobs which do not require a DBS. I can’t pass credit checks for private rented sector housing. People from the community avoid me so I am isolated and suffer from serious mental health issues. I live in poverty and risk of homelessness. I’ve had serious health issues linked to stress.”

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