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Category: Research

Criminal records: a comparison between England and Israel

We know that in the UK, people with criminal records can face stigma, discrimination and barriers which prevent them from being able to move on from their past and make a positive contribution to society. These barriers most commonly relate to employment, but people with convictions can also find themselves locked out of volunteering, access to housing and insurance.

Independent researcher Dana Segev wanted to look at how things could be done differently; in her article published by Unlock, she compares the treatment of people with convictions in England and Israel.

Download the article

What is the rationale behind the Rehabilitation of Offenders Act 1974?

In a week where the Justice Secretary, Robert Buckland, said that he was preparing a policy that looked at making changes to the Rehabilitation of Offenders Act 1974 (ROA), we’re pleased to publish a paper by Dr Andrew Henley (Assistant Professor of Criminology at the University of Nottingham) on the rationale behind that piece of legislation.

The paper draws on the research conducted for Dr Henley’s doctoral thesis which examined the conception, passage and contestation of the ROA. Sections of this thesis were based on original archival research and Hansard records which were used to understand the rationale behind the ROA and the motivations of its sponsors.  It is revealed that whilst the architects of the ROA were mindful of the need for exemptions to its provisions, their motives were primarily compassionate and humanitarian, and concerned with the welfare of those who had successfully ‘lived down’ their convictions. They were also concerned with the fact that, in the early 1970s, the UK was out of step with international norms in not having a rehabilitation law.

The paper concludes that the principle of ‘spent convictions’ is now well-established and has been for nearly half a century. Any Government seeking to expanding arrangements so that more people with convictions can benefit from their record becoming ‘spent’ should face an easier task than the original proposers of the ROA given that exemptions to its effect are also well-established on safeguarding ground.  However, it would be quite wrong to reframe the original rationale of the ROA as being about ‘striking a balance’ between protecting the public or businesses from recidivist crime versus the rights of people with convictions to ‘live down’ their past offending.  Concerns with public protection played only a relatively small part in the debates which circulated around the legislation during its passage, given that there was always an intention to include exemptions to the effect of the law for these purposes.  The ROA is, therefore, better understood as motivated by humanitarian concerns and with the need for legislation in the UK to keep pace with that in other countries.

Download the paper here.

May 2020 update on research understanding the influence of an early life criminal record on adult life courses

Nicola Collett, a PhD student at Keele University, is currently researching the potential influence of a criminal record acquired between the ages of 10-25, later on in adulthood. Following on from her last update in September 2019, Nicola writes here about how her research is progressing.

I am delighted to be sharing another update on my PhD research exploring the potential influence of an early life criminal record later on in adulthood.

Since my last update in 2019 I have been incredibly busy thinking about the information shared with me in the interviews and drawing together the key ideas and arguments I wish to make in my thesis. I have been busy writing draft chapters and getting essential feedback from supervisors – a very long and reflective process. I would like to again thank those who took part for sharing so many personal experiences and thoughts with me. I look forward to sharing some more detailed thesis ideas with you at a later date.

Nicola presenting at the conference in Ghent

In September 2019 I presented some preliminary findings and reflections at the European Society of Criminology conference in Ghent. I highlighted four themes emerging from my work that highlight the complexities of living with a criminal record from youth – anchoring, everlasting, uncertainty and resilience. You can read more about these by downloading these slides.  

At the event I also drew on the interviews I had conducted, emphasising the diverse range of experiences shared with me. I shared some powerful quotes* taken from my transcripts  and explained to the audience that each person I spoke to shared something unique and personal to them. No two individuals experienced the same challenges in the same way. People were surprised to hear that in England and Wales a historical youth record can be disclosed later in adulthood in such a wide range of instances. They were keen to ask further questions about the experiences of those I had spoken to and it was a real privilege to be able to share this with them.

A third important update to share is that I successfully encouraged Keele University to sign up to the Fair Chance for Students with Convictions pledge designed to improve access and participation to UK universities. Given the research I am conducting I felt it was important to ensure my institution was engaging with this and challenging their admissions policy. Keele is now one of 16 universities which have signed up to this pledge.

What’s next?

Despite the disruption caused by the coronavirus I have been fortunate enough to continue working from home, albeit at a slower pace. I am pressing on with my writing whilst continually reflecting upon the work I have produced so far having video calls with supervisors where possible. As circumstances continue to change it is unclear when this project will be finished but I will continue to provide updates along the way. 

I hope everyone is keeping safe and well in these challenging times.

Written by Nicola Collett

* Direct quotes have only been used where permission has been granted via a signed consent form. Where participants did not want direct quotes used, paraphrasing has been used instead.

 

 

Update on research – The right to a fair future: understanding the influence of an early life criminal record on adult life courses

Nicola Collett, a PhD student at Keele University, is currently researching the potential influence of a criminal record acquired between the ages of 10-25, later on in adulthood. Following a request for participants in February of this year, Nicola writes here about how her research is progressing.

I would first like to thank everyone who has contacted me wanting to take part in my research. I have received such a positive response to my call for participants and it has been a great source of encouragement highlighting just how important this topic is. Following my call for participants in February, I am excited to share with you an update on my PhD research exploring the potential influence of an early life criminal record later on in adulthood.

What have I done?

I have been travelling around the Midlands and North West conducting interviews with adult men and women living in the UK with a criminal record attained when aged twenty-five or under. Overall, I have met with fourteen people twice, in order to hear about their experiences with the criminal justice system, and how they feel their criminal record has influenced them later on in life. Of these fourteen, eight identified as female and six as male. Four had served custodial sentences and most had at least two non-custodial convictions. There was an age range from twenty-five to sixty-six.

Whilst often the conversations have been of a difficult nature, the interviews have been incredibly informative with people being able to reflect on both the positive and negative influences their experiences have had. People have discussed the barriers they have faced with regards to travel and visa applications, and access to employment and volunteering opportunities. More personally, people have shared the difficulties they have had establishing a new life and identity whilst having a criminal record ‘pulling them back to the past’. Disclosure can be incredibly disruptive and people have discussed anxiety and stress over people ‘finding out’ and how this might change people’s opinions of them. Some of the more positive reflections people have made include being able to understand and empathise with those in difficult circumstances and having the ability to help them either via a professional role or through being a positive role model

I would like to thank everyone who has taken part and shared their personal experiences with me.

What’s next?

In September I am travelling to Ghent to present some preliminary findings and reflections at the European Society of Criminology conference. At this event I will be putting forward the experiences of those who I have spoken to highlighting the current state of things in the UK. By doing so, I will be making people aware of the difficulties faced and putting forwards the voices of those who have taken part.  This will help to inform the research of a new European research working group looking to challenge some of the so-called ‘collateral consequences’ arising from criminal records.

I am currently working through all the interview material I have collected to identify the main themes and arguments I wish to make in my thesis. Writing has already begun and I aim to be near-completion by September 2020. After this, I will be developing a summary report to be shared with Unlock highlighting the key findings of the research.

I look forward to providing another update in the New Year.

 

Written by Nicola Collett

Request for participants (now closed) – Understanding the influence of an early life criminal record on adult life courses

UpdateThe request for participants is now closed. See the message below from Nicola, the researcher:

“Thank you to everyone who has been in contact with me with their generous offer to take part in my PhD research. I have been overwhelmed with responses and now have enough participants that fit the criteria, so the call for participants is now closed. This closure is based entirely on my capacity as a postgraduate researcher working alone on this project. I would like to thank everyone who has responded so positively and I will be working with Unlock to provide updates on the research as it progresses.”

 

Original request for participants

Unlock is pleased to be supporting the following research.

Nicola Collett,  a PhD student at Keele University, is currently researching the potential influence of a criminal record acquired between the ages of 10-25, later on in adulthood.

She would like to talk to people aged 25 and over, to see what they have to say about their experiences of living with a criminal record relating to one or more non-custodial sentence(s) or out-of-court disposals attained between the ages of 10-25. This may include, but is not limited to, cautions, conditional cautions, fines, behaviour orders and suspended sentences. Experiences may be positive or negative. For some, it may be experiences are neutral. There is no upper age limit for this research.

Do you fit the following criteria?

  • Aged 25 or over
  • Received one or more non-custodial sentence(s) or out-of-court disposals, aged 25 or younger
  • Currently living in the Midlands or North West England

If you choose to take part, you will be interviewed by Nicola twice, for approximately 60 minutes each time. For your convenience, interviews will be conducted in your local area.

Participants will be offered a £10 voucher at the end of the second interview to thank you for your time, and for sharing your experiences with Nicola.

 

 

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