We’ve published our response to the Scottish Governments’ consultation on changes to the Rehabilitation of Offenders Act.
Our response can be downloaded here.
Category: Way ROA works
Further delays to changes to the Rehabilitation of Offenders Act
Please see below an update that we have received from the Ministry of Justice late last week regarding planned changes to the Rehabilitation of Offenders Act 1974.
Although we’re disappointed to bring you this news, we felt it was important to provide an update as soon as we knew that the situation had formally changed. This will not come as a surprise to some – the lack of an update from Government has led many people to rightly question whether the changes were going to come in by November. A thread has been running on our forum since January this year, questioning originally whether the changes were going to come in by Spring 2013.
Sadly, while it’s frustrating that it is no longer going to be November, the situation is undoubtedly made worse by the lack of a specific future date. To put it simply, although they are optimistic that they will be able to put an end to the uncertainty on the date of commencement fairly soon, they are still unable to give a definite timetable.
In our view, the combination of a delay plus the lack of a specific delay is unforgiveable. When the initial reforms were passed in April 2012, a 12 month window was given to allow the Government time to get the necessary systems in place. The initial implementation date of Spring 2013 led to many people planning their lives on these changes. Our Helpline has been inundated with enquiries ever since from people who are desperately waiting for the changes to come in.
We are continuing to do all that we can so that the Government implement the reforms as soon as possible. We are urging the Government to announce a specific date for when the changes will be introduced. We are also meeting with MP’s with an interest on this issue to see what can be done to speed up this process.
To help, we encourage anybody who is personally affected by these delays, or feels passionately about the way this is being managed by Government, to write to their MP and ask them to raise this issue as a matter of priority with the Ministers of State for both the Home Office and the Ministry of Justice. You can encourage your MP’s office to contact us directly if they want to help in some way. Ultimately, it’s important that the Government realise how important these changes are, and how many peoples’ lives are being put on hold by these delays. However, the difficulty at this stage is in finding practical ways in which this process can influenced.
Update from the Ministry of Justice
“Whilst the Government was aiming to commence the reforms by November this is not going to be possible but it remains committed to seeing these reforms in place, which will to the benefit of many ex-offenders, and it will give a firm timetable on commencement as soon as it can. As you know, the critical prerequisite for the commencement of the reforms is to put in place a system for producing basic disclosure certificates, which show unspent convictions, reflecting the new rehabilitation periods in England and Wales. Until we do that there would be no way for an individual to obtain an official statement of their unspent convictions under the new rules.
Currently, basic disclosures reflecting the existing rehabilitation periods are available from Disclosure Scotland and this service is provided to residents of England and Wales as well as Scotland. However, the reforms to the ROA only revise rehabilitation periods for England and Wales, leaving the position in Scotland unchanged under its legislation. This complicates matters and creates two different rehabilitation regimes within Great Britain.
One option to address this situation is to agree with Disclosure Scotland that they will provide two differential basic disclosure services, one reflecting the rules in Scotland and the other the rules in England and Wales. Another option is for the Disclosure and Barring Service to initiate a basic disclosure service for England and Wales which adheres to the reformed rules in this jurisdiction. Neither of these options is straightforward and there are significant business and technical issues to work through. However, the Government expects these issues to be resolved shortly.”
‘How to employ with conviction’ – An Unlock Webcast for EFFRR (the Employers Forum for Reducing Reoffending)
Today we delivered a training session to the Employers Forum for Reducing Reoffending (EFFRR), covering a range of common questions that employers have when they are looking to recruit people with convictions.
Download a factsheet that was produced after the session.
Find out more information about our support for employers here.
One conviction or multiple offences? The DBS filtering process
Ever since we published our Information Hub guide on the new DBS filtering process, our Helpline has been receiving queries left, right and centre about the filtering process and how it applies to them. It’s fair to say that, in lots of cases, it doesn’t help, because they have more than multiple convictions over many years, or received prison (or suspended) sentence.
One issue that seems to be quite common is where people believe themselves to have one conviction, only to find that, when they do a DBS check (or get a Police National Computer record) , they have a number of ‘offences’ on their record, all of which were dealt with at the same time in court. A common example is drink driving and driving without insurance. The court records this as one conviction, but would have two offences.
We’ve clarified this kind of example with the Home Office, who interpret this situation as meaning ‘multiple convictions’, meaning that none would be filtered from a DBS check.
This is something we’re looking at challenging, and as part of this, we’re keen to hear of people who may be affected by a similar kind of issue. The more examples we get, the better chance we have of finding a way of challenging this.
If this is something that affects you, please get in contact with our Helpline. If you have a copy of a DBS (or CRB) disclosure, or a copy of your PNC record, which shows this, please send this through too. All information is treated confidentially.
Scottish Government consult on the Rehabilitation of Offenders Act 1974
This week, the Scottish Government has (finally) launched its consultation on the Rehabilitation of Offenders Act 1974.
England & Wales has passed its own reforms on this (although they’re still waiting to come into force), but these will not change the situation in Scotland.
The Scottish Government hasn’t put forward a specific proposal at this stage, which suggests a genuine openness to look at different ways of improving it.
Not only is this is a great opportunity to influence potential changes in Scotland, but it’s also a way of setting out arguments for why broader changes in approach may be needed, and how this may relate in the future to changes in England and Wales.
For information, when the UK Government published a consultation on amendments to England & Wales, Unlock submitted a response, which can be downloaded here.
We want to encourage anybody who has a view on the ROA in Scotland to respond to the consultation. All the details can be found on the Scottish Government website.
For anybody who wishes to their share contributions more broadly, we’re happy to circulate responses via this site – just send them through to therecord@outlook.com.
The effects of the ROA on people with convictions
We’ve given an interview to BBC West Midlands, talking about the Rehabilitation of Offenders Act.
You can listen to the interview below.
Delays to reforms to the Rehabilitation of Offenders Act 1974
We’re disappointed to announce that this morning we’ve received notification from the Government that the changes to the Rehabilitation of Offenders Act 1974, due to come into force in Spring 2013, have been delayed. The Ministry of Justice provided us with the following:
“As you know, the commencement of the reforms are dependent on the necessary system changes being in place so that basic disclosure certificates for England and Wales will reflect the new rehabilitation periods. We had been aiming to commence the reforms by April 2013, however, it will not be possible to achieve the necessary system changes by that date and we are now looking at commencement in November.”
We know from the hundreds of enquiries we’ve had from people with convictions over the last couple of months how critical these reforms are; they will have a significant and positive difference on thousands of people who struggle to move on with their lives.
We continue to urge the government to introduce the reforms as soon as possible, and we encourage anybody who is affected by these delays to write to their MP and ask for their support in helping to speed up the process. However, it has been made clear to us that Ministers remain keen to introduce the reforms, and that the reasons behind the delay lay at a technical/operational level. More information about the changes to the ROA are available here.
Court of Appeal rules on CRB checks
Linked to our press release on the recent Court of Appeal decision around CRB checks, we’ve given radio interviews to Radio 5 Live and BBC Radio Wales.
Both are these can be listened to below.
Senior judge says government must ‘pull it’s finger out’ on criminal record checks
- New Court of Appeal ruling could mean a change for 9.2 million Britons with criminal records
- Master of the Rolls, Lord Dyson, said today that the Government should “pull its finger out” to reform the system
- Ruling adds further pressure after recent ruling in separate case in the European Court of Human Rights
Unlock, the charity for people with convictions, has welcomed Lord Dyson’s remarks which support their continued call for changes to how the UK treats criminal record information. At a hearing at the Court of Appeal today the Master of the Rolls, Lord Dyson, said that the Government should “pull its finger out” to reform the system until recently known as CRB checks.
The Court of Appeal has found that the current system of disclosing all convictions, cautions, reprimands and warnings, no matter how old, minor or irrelevant, is not compatible with Article 8 of the Human Rights Act- the right to a private and family life. Criminal record checks, provided in England by the Disclosure and Barring Service, are available to employers recruiting for certain roles and are also used by educational establishments.
Chris Bath, Unlock’s executive director said, “Under the current system, even the most minor childhood convictions are kept on record until a person’s 100th birthday. They will always be disclosed on a criminal records check. Evidence from our helpline for people with convictions shows that this is forcing people onto benefits. There will be no ‘rehabilitation revolution’ until people have a real opportunity to leave crime behind.”
The case in the Court of Appeal involved a man who had received police warnings at the age of 11. The information was disclosed when seeking a job as a 17 year old and later when he applied for university. The case highlights the long term effects of criminal record, even those gained as a child. It has parallels with the experience of former Police & Crime candidate Bob Ashford, who was forced to stand down due to having received a fine of £2 and 10 Shillings as a 13 year old in 1966 and later launched the ‘Wipe the Slate Clean’ campaign with support from charities including user Voice and Unlock.
Figures obtained by Unlock show the scale of the issue. There are now 9.2 million in the UK with criminal records on the Police National Computer, with one in three men having a criminal conviction by the age of 53. 26% of the 4.9 million open claims for benefit are made by people who have gained a conviction in the last 10 years.
Combined with the European Court of Human Rights’ recent condemnation of the lack of scope for discretion in the UK’s criminal records disclosure system, the Court of Appeal’s decision could have significant implications on the criminal record disclosure system.
The Government has made positive changes to the Rehabilitation of Offenders Act 1974 which will come into force in Spring 2013. These will reduce the periods that many people have to disclose their convictions for some jobs. However, jobs for which a criminal record check is conducted will continue to bypass this legislation.
Unlock representative Christopher Stacey, who was a member of the government’s Independent Advisory Panel on Disclosure of Criminal Records, said, “In 2011 Unlock provided the Government with clear proposals on how a system of filtering old and minor convictions could work. We now look forward to reforms that give the millions of people with convictions a fair opportunity to provide for themselves and their families.”
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CRB’s and second chances
As part of of the ongoing Court of Appeal case about CRB checks, we’ve written an article for thejusticegap.com.
You can read the article here.
