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For people with criminal records
For people with criminal records

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Criminal record databases

Aim of this page

This page provides details of the criminal record databases that are currently in use including the Police National Computer (PNC) and the Police National Database (PND).

Why is this important?

It’s important to have an understanding of the different types of criminal record databases and where details of any arrest, caution or conviction have been recorded by the police.

Where details are recorded will often determine what can be disclosed by the police on formal criminal record checks.

Police National Computer (PNC)

Overview

The PNC is a computer system for England and Wales governed by section 27(4) of the Police and Criminal Evidence Act 1984. It is used to record convictions, cautions, reprimands and warnings for any offence punishable by imprisonment and any other offence that is specified within regulations. Since 2013, the PNC has been managed by the Home Office (it was previously the National Policing Improvement Agency) and is used by all police forces in England and Wales.

The PNC went live in 1974, initially storing details of stolen vehicles. Its use and function has evolved over time and in recent years the range of facilities, level of detail and potential value of information stored on the PNC has grown considerably. The system can link into a number of separate databases and can access a range of records such as:

  • Information on persons who have been convicted, cautioned or recently arrested.
  • Details of registered keeper of each motor vehicle.
  • Details of people who have driving licences or are disqualified from holding one.
  • Details of certain types of stolen and recovered property including, animals, firearms, trailers, plant machinery and engines.
  • Details of people on the National Firearms Certificate Holders register.

As of February 2010 there were over 9.7 million nominal records held on the PNC.

What is recorded on the PNC?

Generally, an offence that could result in imprisonment is classed as a recordable offence (i.e. an indictable or triable-either-way offence). There are also some more minor summary offences that are designated as recordable. This additional set of specified offences has grown over time and is now substantial.

Find out more here.

If you are not sure whether your offence is classed as recordable or not, and so are unclear whether it’s held on the PNC, the best thing to do is to apply to your local police force for a police subject access request.

Is information deleted or removed?

This is covered in detail here.

ACRO

ACRO is a national police unit whose partners include the National Police Chiefs’ Council (NPCC). ACRO deals with PNC subject access requests on behalf of most police forces. They are also the provider of police certificates.

Local police records

The police store information locally (by police force) which may be disclosed as part of an enhanced check. This includes non-conviction information, and convictions for non-recorded offences (see below for the definition of a recorded offence)

You can get copies of what information the police hold locally by making a police subject access request.

Police National Database (PND)

Summary

The PND holds records on intelligence, crime, custody, domestic abuse and child abuse, and allows users (generally, the police) to search the data records of all UK forces in relation to people, objects, locations and events. It allows the named users to search full data records of all UK forces, covering People, Objects, Locations and Events (POLE):

People – individuals such as offenders, suspects or victims; and the organisations they belong to.
Objects – stolen property or other objects such as vehicle, telephone number, or email address.
Locations – different ways of expressing a ‘place’ such as an address, a building or a physical feature
Events – a robbery crime report, a custody record, or an intelligence report that links two people. Every Person, Object and Location on PND is linked to an Event.

Managed by the Home Office, it is thought that the PND will be an invaluable tool in preventing serious organised crime and will enable the police to better protect children and vulnerable people and reduce the risk of terrorist activities.

Code of Practice

The Code of Practice (the Code) for the new Police National Database (PND) was laid before Parliament on 17 March 2010 following public consultation and approval by the Association of Chief Police Officers (ACPO).

The Code takes effect from 31 March 2010 and forms the statutory framework for the lawful use of the PND across police forces and introduce safeguards to prevent misuse.

The PND was introduced following the recommendations of the Bichard Inquiry and allows police forces across the United Kingdom to share information and intelligence instantly on a national level. The Code covers the purpose of the PND, general principles and guides on using the PND.

The purpose of the Code is to promote lawful and consistent use of the PND and the information on it: to ensure that practices are in place to ensure it is effective for policing purposes; that its use is compliant with the Data Protection Act 1998 (DPA) and the Human Rights Act 1998 (HRA) and that it is not used in a way which is discriminatory or unfair. Chief Officers are responsible under the Code for developing and implementing procedures and systems to achieve this. Her Majesty’s Inspectorate of Constabulary will monitor compliance with the Code and associated guidance.

Home Office Minister for Identity, Meg Hillier MP, said: “When the PND is delivered later this year it will provide forces with a powerful new tool to fight crime and protect the most vulnerable in society. But it is vital that forces use this new information-sharing capability in a consistent and lawful way and for policing purposes only. The Code of Practice will enshrine these principles across the Police Service.”

The PND’s impact on people with convictions

In practice, the PND collates Police intelligence held locally by various police forces. Police intelligence can be anything from an informal resolution of a criminal matter, including Sexting – Outcome 21,  an acquittal for an offence, a fixed penalty notice, an arrest that led to no further action being taken, or even an unsubstantiated allegation that the police never pursued. To find out what is held on the PND, you have to request to see your local records of the relevant police force.

The PND will have a record for everyone who has been arrested and processed through custody, so even if you were convicted of a minor offence that was not recorded on the PNC, it will be held on local records and form part of the PND. This kind of information could be disclosed as part of an enhanced check.

Offenders Index

The Offenders Index is the collection of court conviction records going back to 1963; the Ministry of Justice ceased updating it after 2006.

‘Standard list’ was used to determine whether convictions for certain offences should be recorded on the Offenders Index.

All indictable or trial either way offences are ‘Standard list’ offences. Standard List offences also include some more serious summary offences, including:

  • Assault on a constable
  • Common assault – all categories
  • Brothel keeping
  • Cruelty to or neglect of children
  • Interference with a motor vehicle
  • Stealing and unauthorised taking of a conveyance
  • Aggravated vehicle taking – criminal damage of £5,000 or under
  • Indecent exposure
  • Criminal damage, £5,000 or less, and malicious damage
  • Found in enclosed premises, possessing picklocks
  • [Minor] Drugs offences
  • Offences against Immigration Act 1971
  • Other offences (excluding motoring)
  • [Criminal Justice Act 1991 Secs 38 and 65 (sub-classes 66 and 67)
  • Impersonating a police officer (sub-classes 91,92 and 93)
  • Driving etc while having a breath, urine or blood alcohol concentration in excess of the prescribed limit (sub-class 02)
  • Driving without insurance
  • Driving whilst disqualified
  • Dangerous driving

Disclosure and Barring Service (DBS)

The DBS does not hold a copy of the Police National Computer record of convictions. The system held by the DBS is known as a PNC Extract. The extract contains basic identifying details such as name and date of birth of persons included on the PNC. The extract does not contain any conviction information. The police force both own and maintain all information contained on the PNC.

Court records

The courts use a system called LIBRA to manage their records. They use this to record details of outcomes of cases.

Discuss this with others

Read and share your experiences on our online forum.

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • ACRO Criminal Records Office – Manage criminal record information and are responsible for subject access requests for most police forces, as well as police certificates
  • Disclosure and Barring Service – Government body responsible for producing standard and enhanced criminal record certificates

More information

  1. For practical information – More information can be found on our criminal justice system section
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Question – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum

Juror (Jury Service)

General

If you’ve had a criminal conviction it may mean that you are not allowed to serve on a jury. Not all convictions count, but periods of imprisonment, a suspended sentence of imprisonment or probation can exclude you.

When you are summoned for jury service, you will be asked to complete a summons form and this lists the types of convictions that have to be declared before you can serve on a jury. You will have to say if you have ever been sentenced to life imprisonment, or to imprisonment or youth custody for five years or more. You must also declare whether you have, in the last ten years, served any part of a sentence of imprisonment, youth custody or detention, received a suspended sentence or been subject to a community service order. You will also have to declare if you’ve been put on probation in the last five years or are currently on bail in criminal proceedings.

You can find out more about Jury service here.

Qualification for jury service

Juries Act 1974 Section 1

Subject to the provisions of the Juries Act 1974, every person shall be qualified to serve as a juror in the Crown Court, the High Court and county courts and be liable accordingly to attend for jury service when summoned under this Act, if—

(a) he is for the time being registered as a parliamentary or local government elector and is not less than eighteen nor more than seventy years of age; and

(b) he has been ordinarily resident in the United Kingdom, the Channel Islands or the Isle of Man for any period of at least five years since attaining the age of thirteen,

but not if he is for the time being ineligible or disqualified for jury service; and the persons who are ineligible, and those who are disqualified, are those respectively listed in Parts I and II of Schedule 1 to this Act.

Juries Act 1974 Schedule 1

Part II – Persons Disqualified

You are disqualified from jury service if you are currently on bail in criminal proceedings.

You are also disqualified from jury service if, in the United Kingdom, the Channel Islands or the Isle of Man, or if in relation to a service offence under the Armed Forces Act 2006 anywhere in the world:

You have ever been sentenced to:

  • imprisonment, or a term of detention, of 5 years or more;
  • imprisonment for public protection or detention for public protection;
  • imprisonment, custody or detention for life;
  • an extended sentence under either of sections 226A, 226B, 227 or 228 of the Criminal Justice Act 2003, (including a sentence imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006) or section 210A of the Criminal Procedure (Scotland) Act 1995;
  • detention at Her Majesty’s pleasure or during the pleasure of the Secretary of State

You have in the last 10 years:

  • served any part of a sentence of imprisonment or detention;
  • received a suspended sentence of imprisonment or a suspended order for detention.

You are also disqualified if in the last 10 years in England and Wales you have been subject to a community order (including a community rehabilitation order, community punishment order, community punishment and rehabilitation order, drug treatment and testing order, or a drug abstinence order).

You will also be disqualified if you have in the last 10 years been subject to any equivalent order under the law of Scotland, Northern Ireland, Isle of Man, any of the Channel Islands, or a community or overseas community order under the Armed Forces Act 2006.

 

Jury Vetting Guidance from the CPS

This below information is taken from information on the CPS website.

Principle

Article 6(1) ECHR requires trial by an independent and impartial tribunal (Archbold [2013] 16-57)

The principles which are generally to be observed are:

  • members of a jury should be selected at random from the panel, subject to any rule of law as to right of challenge by the defence;
  • the Juries Act 1974 and the Juries (Disqualification) Act 1984 identify those classes of person who alone are disqualified from or ineligible for service on a jury. No other class of persons may be treated as disqualified or ineligible; and
  • the correct way for the Crown to seek to exclude a member of the panel from sitting as a juror is by the exercise in open court of the right to request a stand by or challenge for cause.

The parties to any jury trial may inspect a copy of the panel from which the jury in their trial will be chosen, in order to:

  • enable the parties to inquire about members of the panel; and
  • decide whether any should be challenged

There are 2 types of jury vetting (checks):

  • a Criminal Records Bureau (CRB) check which is now automatically conducted on each juror to assess qualification against jury service criteria. This is carried out via a computer link established between the Police and HM Courts and Tribunals Service (HMCTS). To note – Home Office Circular 43/1988 has now been cancelled by Home Office Circular 047 / 2003. No replacement circular is in place, and as a result jury checks are still undertaken on a 100% basis;
  • a further, more detailed check may be required in some instances and is known as an “authorised jury check” which may involve a Criminal Records Bureau (CRB) check, Special Branch records check and sometimes a Security Services check. An “authorised jury check” can only be authorised by the Attorney General in accordance with the Attorney General’s Guidelines on Jury Checks: 88 Cr App R 123 at 124.

Guidance

Criminal Records Bureau (CRB) Checks

Parliament has improved safeguards against jurors who may be corrupt or biased by:

  • the provision of majority verdicts; and
  • the Juries Act 1974 which provides a sanction of a criminal offence for a disqualified person to serve as a juror.

Whilst the omission of a disqualified person from the panel is a matter for court officials, only the police are able to search criminal records in order to ascertain whether a jury panel includes a disqualified person. This is part of their usual function of preventing the commission of offences.

Checks in Specific Cases

A Chief Constable or the Director of Public Prosecutions may require a CRO check of the names of potential jurors in any case where a Chief Constable or the DPP considers that it would be in the interests of justice so to do: see the Annex to the Attorney General’s Guidelines on Jury Checks, 88Cr App R 123 at 125 (Archbold [2013] 4-275, Appendix A-282).

A Chief Constable may require a CRO jury check, in accordance with the Annex to the Attorney General’s Guidelines on Jury Checks, without reference to The CPS. However, it is accepted that in many cases the advice of the local CPS will be sought.

A Chief Constable’s request for advice on a jury check in accordance with the Annex to the Attorney General’s Guidelines on Jury Checks will be dealt with by the CCP/(Sector Director London), Head of Casework Divisions, or designated officer.

If The CPS officer at Level E or above considers that the case falls within the provisions of paragraph 1 of the Annex to the Attorney General’s Guidelines on Jury Checks, the officer may advise that a check of previous convictions of the potential jurors should be undertaken.

Defence Request for a Jury Check

The defence will not have access to the information available to the prosecution but may wish to:

  • have the panel checked for disqualified persons; or
  • seek assistance in obtaining information regarding the right to challenge.

The Attorney General will consider requests, made by defence counsel through the Director of Public Prosecutions, for assistance in obtaining information in cases falling within the guidelines.

The Association of Chief Police Officers’ recommendations indicate that, if requested by the Director of Public Prosecutions, Chief Constables will check criminal records on behalf of the defence.

In either case the results of such checks will be sent to the Director of Public Prosecutions who will treat them in accordance with the guidelines.

Authorised Jury Checks

There are certain exceptional types of cases of public importance for which the provisions as to majority verdicts and disqualifications of jurors may be insufficient to ensure the administration of justice. In these, it is in the interests of justice that there should be further safeguards against the possibility of bias. Checks which go beyond the investigation of criminal records may be necessary.

  • national security, where the evidence is likely to be heard in camera, in whole or in part; or
  • a terrorist case.

Challenging Jurors

The methods of replacing one or more of the prospective jurors called into the box are:

  • for the prosecution to ask a juror to stand by; or
  • for either the prosecution or the defence to challenge for cause; or
  • for the judge to use his discretionary power to remove a juror.

The circumstances in which it would be proper for the Crown to exercise its right to stand by a member of the jury panel are:

  • to remove a manifestly unsuitable juror, but only if the defence agree; and
  • to remove a juror in a terrorist or security case in which the Attorney General has authorised a check of the jury list, but only on the authority of the Attorney General.

For the Attorney General’s Guidelines on the exercise by the Crown of its right to stand by, see 88 Cr App R123 (Archbold [2013] 4-304 and 4-306, Appendix A-282).

Improper Approaches to Jurors

Section 8 of the Contempt of Court Act 1981 (Archbold [2013] 28-73) provides that it is a contempt of court to seek information from a juror as to what occurred in the jury room.

If an investigation by the police is required, the CCP should be consulted before further enquiries are made.

In the past, it was the practice for the Attorney General to issue a “letter of comfort” to enable police to interview jurors. This was to assure the officers that they would not be prosecuted for offences contrary to Section 8 of the Contempt of Court Act 1981. However, following the cases of (R v McCluskey (1994) 98 Cr.App.R.216), (R v Mickleburgh (1995) 1 Cr.App.R.297) and (R v Young (1995) 2 Cr.App.R.397,) the Attorney General no longer issues letters of comfort.

The cases confirmed the absolute prohibition in Section 8 of the Contempt of Court Act 1981 and the sanctity of the jury’s deliberations. However, the courts have defined “deliberations” narrowly. Any investigation surrounding the jury’s stay at a hotel, as for example in R v Young, would not fall foul of Section 8 Contempt of Court Act 1981.

These cases therefore confirm that there is no restriction on the police interviewing the jurors as long as the investigation is limited to matters outside the “jury’s deliberations”, as defined in the above cases. Clear guidance must be given to the police, as otherwise they are potentially liable to a prosecution contrary to Section 8. In the light of the difficulties it would be prudent for an officer of senior rank to undertake this task.

These cases clearly establish the necessity for the consent of the Judge to be obtained before the jurors are approached. This consent will only be valid if the Judge is still seized of the case.

Procedure

CRB Checks

As all CRB checks are now conducted automatically and have been since 2001, the CPS will have no role in the making of such checks.

However, the CPS could possibly receive a request for advice regarding the making of a CRB jury check. The CPS officer of Level E or above should in the first instance contact the Court concerned directly to verify whether the usual check has been conducted.

If an additional check is requested, the CPS officer will need to consider whether the request falls within the provisions of paragraph 1 of the Annex to the Attorney General’s Guidelines on Jury Checks. If so, a jury check request will need to be sent to the Attorney General via the Director of Public Prosecutions as per the procedure below.

Authorised Jury Checks

The request by the Director of Public Prosecutions to the Attorney General for an authorised jury check should, if at all possible, accompany the papers requesting the consent to proceedings.

The following procedure must be adopted in all cases where a full jury check has been authorised:

  • at the appropriate time in the case preparation, the Director, Casework (or his nominee) will ask the police to carry out the necessary checks;
  • the police will transmit personally any relevant information obtained to the Director, Casework (or his nominee);
  • the Director, Casework (or his nominee) will advise the Legal Secretariat to the Law Officers as to the position;
  • the Legal Secretariat will consult the Attorney General, who will make a decision and instruct the Legal Secretariat to inform the Director, Casework (or his nominee) of any juror who should be asked to stand by;
  • the Director, Casework (or his nominee) will supply to counsel at the trial the name(s) of any juror(s) who will be asked to stand by;
  • the Director of Public Prosecutions’ secretary will keep a note of the cases where an authorised jury check is made and cases where the right to stand by has been exercised;
  • a record is to be kept by the Director of Public Prosecutions of the use made by counsel of the information passed to him and the jurors stood down; and
  • a copy of that record will be sent to the Attorney General to enable him to monitor the operation of the guidelines.

No use is to be made of the information obtained as a result of an authorised jury check except, in relation to the trial for which the check was authorised:

  • directly, as may be necessary; or
  • arising out of

It was announced in August 2013 that the upper age limit for jury service would be raised to 75, in order to reflect the increase in life expectancy in recent years.  It is believed that allowing for older jurors will cut the cost of compensating jurors for missing work.  The changes are expected to be implemented in 2014.

Support getting into work

Help us – As part of our policy work we’re working on improving the support for individuals to secure meaningful employment

 

Aim of this information

As a national charity, Unlock is unable to provide links to all local services. This information is designed to highlight the major organisations who provide support to individuals with convictions in getting back into work. It also provides information about what you should disclose to support agencies about your criminal record.

It’s part of our information on looking for (and keeping) employment and volunteering.

Why is this important?

There is little specific support for people with criminal records who are looking for employment. However, it’s important to know that you can still seek help from general services that are available to anybody who is looking for work. You will need to make sure that you fully understand what the practical implications of having a criminal record are in terms of your prospects of gaining employment.

Introduction

Simply having a criminal record does not prevent you from getting a job. In a limited number of cases, certain convictions may prevent you from working in certain roles, but, you are likely to already know about this if it applies to you.

What to disclose to support agencies

The job centre and other agencies that are trying to help people back into work might ask you whether you’ve got a criminal record. Many people see this as a barrier and aren’t keen to voluntarily disclose their conviction to any government organisation/department.

If you’re not asked then, legally, you don’t need to disclose unspent convictions, but withholding this information means that your advisor may not be able to provide you with the best information, advice or service. Generally, we suggest that it’s better to be honest with those trying to help you find work – so long as they know what to do in terms of what does and doesn’t need to be disclosed to a potential employer.

By voluntarily disclosing your criminal record, you’re placing a lot of trust in your advisor. However all advisors are bound by job centre confidentiality policies and the Data Protection Act. Most advisors will welcome your honesty – it will make their job much easier and hopefully help you both establish a good working relationship.

Why do we suggest you be honest with support agencies?

Some employers have blanket bans on the recruitment of people with unspent convictions and if you haven’t disclosed to your advisor and they believe you have the necessary skills and experience, then you’ll usually be expected to apply. In this situation, if your conviction is unspent, applying would be a waste of both their time and yours but, if you refuse, you may be sanctioned and lose your benefits for a while. If you disclose your unspent conviction to your advisor you can potentially avoid situations such as this.

Any job which is exempt from the Rehabilitation of Offenders Act will require you to disclose both spent and unspent convictions (unless they are filtered) if the employer asks. So, if you’re applying for these types of jobs, you may want to consider disclosing your spent conviction to your advisor so they can steer you away from applying for these types of jobs if you wouldn’t be happy disclosing it. Don’t forget – there’s no rule that says you can’t apply for these – but some people prefer to only apply for jobs where they don’t need to disclose.

If you’ve only got a spent conviction, make sure your advisor understands that you won’t need to disclose them for the majority of jobs that you’ll be applying for.

When might you withhold details?

Some people have had bad experiences with job centres and support agencies. They’re maybe been brushed off or put on the “too hard to help” pile, and maybe they’ve disclosed information to employers when they shouldn’t have.

If you’re only applying for jobs where your criminal record won’t come up (for example, jobs in supermarkets and your record is spent) then you don’t legally need to disclose to the employer, so there’s an argument to say you don’t need to disclose to the support agency either.

National organisations specifically helping people with a criminal record

In addition to what is below, you should view the section of this site that details those organisations that can help with disclosure issues.

Jobcentre Plus (JCP)

Jobcentre Plus is the place to start to find employment. Simply because you have a criminal conviction does not mean you cannot use the resources of Jobcentre Plus. The main source of information and advice about employment and training is the Jobcentre Plus network. As well as administering the benefits system, Jobcentre Plus offices provide a range of services to help people get into work, education or training and are often responsible for commissioning local/regional services specifically for people with convictions. They provide online jobspoints in libraries and some supermarkets as well as their offices. Jobspoints provide details of thousands of job vacancies around the country. For details of the Jobcentre Plus offer to people with convictions, download a leaflet here.

In particular, you can look for a job using their Universal Jobmatch system. Contact details are available here.

The Work Programme

The Work Programme is the Government’s main ‘Welfare to Work ‘programme. The Work Programme is delivered by a number of organisations, private companies and charities on behalf of Government.

If you disclose to the Job Centre that you have a criminal record (you do not have to disclose if you don’t want to), you can volunteer to get access to the Work Programme after claiming Jobseekers’ Allowance for 3 months, or you will be mandated onto it after 9 or 12 months of claiming JSA, depending on your age.

Since March 2012, if you are released from prison and claim Jobseekers Allowance within 13 weeks of release, you will be mandated onto the Work Programme. This means that many Work Programme providers will begin to do in-reach work in prisons for people due for release. As a result, there may be overlap with the NOMS/CFO providers (see above) who help those near to release and after release.

To find out who is responsible for the Work Programme in your area, and to see what they can offer to help you, speak to your local Job Centre (see above for contact details). More information on the Work Programme is available on the GOV.UK website.

There’s also an interesting video below from Inside Job Productions produced in partnership with A4e, which a Work Programme provider, featuring ‘Rory’ and his story. A4e is one of a number of providers delivering the Work Programme on behalf of the Department for Work and Pensions across the UK. The programme is available to all prison leavers and ex-offenders claiming Jobseekers Allowance. To find out more, speak to your Jobcentre Plus advisor.

Rory’s Journey from Inside Job Productions on Vimeo.

NOMS/ESF Co-financing programme

This is a national programme which specifically helps people in prison and those in the community that have recently been sentenced or released from prison. It is managed by the NOMS Co-financing Organisation. The current programme runs between 2014 and 2020.

To be eligible, you must be resident in the UK with permission to work, and over 16 years of age. You must also either be:

  • Serving a custodial sentence (with up to three years left to serve)
  • Completing a community sentence
  • On licence
  • Released from prison and not on any licence conditions, as long as you’re signed up to the programme within 12 weeks of release from prison

Generally, you have to be referred onto the programme. The help that is available depends on the area that you live. Generally speaking, there is support available to help you to improve your employability – this can include helping with CV’s, disclosure, work placements, volunteering and education/qualifications.

One thing that all of the providers have is a Discretionary Access Fund. The discretionary access fund allows for the spot purchasing of courses or goods to support people into work. Part of this fund will be used to expand and develop additional vocational training provision in prisons and to provide more opportunities for participants to work directly with employers in a dedicated training environment. This discretionary fund can also be used by providers to help you overcome specific barriers to work such as travel (to an interview, to work), pay for childcare or equipment required for the job.

You should contact your probation officer and give them your details to see if you’re eligible and who you should speak to. If you don’t have their details, contact NOMS CFO.

The National Careers Service

The National Careers Service provides information, advice and guidance to help you make decisions on learning, training and work opportunities.  The service offers confidential and impartial advice.  This is supported by qualified careers advisers.

Employment support in prison

Jobcentre Plus Employment and Benefit Surgeries should be available in all prisons that require the service. When you enter prison, you should be seen by an EBS adviser, who will assist you in closing your benefit claims and ensuring you receive any outstanding monies. The adviser should also take action to retain an individuals employment where appropriate and provide a ‘signposting’ role in relation to other issues such as accommodation. Prior to release, the EBS advisers should meet with you to explore job opportunities available to you and discuss any education and training needs. By concentrating on your particular circumstances the adviser should be able to signpost you to the relevant help that Jobcentre Plus provides. They should also provide you with information about working age benefits to assist in reducing the finance gap you may face on release.

There are also a range of employment programmes that operate in prisons, including some of those mentioned in this section already. Others include programmes by the National Grid, Summit Media, and Inside Job Recruitment.  Further information on companies with links to prisons can be found on our Looking for friendly employers page.

Personal experiences

The personal experience below has been posted on theRecord, our online magazine

Job centre advisors – make sure you understand the problems facing ex-offenders

Discuss this with others

Read and share your experiences on our online forum

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • Job Centre Plus can assist with claiming benefits and help getting back into employment.
  • National Careers Service provides careers advice and information on a wide range of jobs, training course resources and funding.
  • NOMS CFO is a national programme which specifically helps people in prison and those in the community that have recently been sentenced or released from prison. You usually need to be referred onto the programme.
  • Work Programme is the Government’s main Welfare to Work Programme, delivered by a number of organisations, private companies and charities on behalf of the Government.
  • Working Chance is the UK’s only recruitment agency for women with convictions.  They support candidates both in and out of prison to find quality paid jobs as well as offering support around resettlement issues.
  • A Fairer Chance is a community interest company who work with people with convictions and serving prisoners to match them to suitable employment opportunities.

For more information

  1. Practical self-help information – Find more information on looking for (and keeping) employment and volunteering
  2. To read personal stories – You can read stories about this posted on theRecord under the tag of employment support
  3. Discuss the issue – Read and share your experiences on our online forum.
  4. Our policy work – Read about the policy work we’re doing on this issue – improving support for individuals with a criminal record to secure meaningful employment
  5. Questions – If you have any questions about this, you can contact our helpline.

Get involved

  1. Send your feedback directly to us.
  2. Discuss your views and experiences with others on our online peer forum
  3. Share your personal story by contributing to our online magazine, theRecord.

 

Applying to university

 

 

Aim of this information

This information aims to set out the university application process and points to consider if you’re applying for a course with a criminal record. It’s part of our information on universities, colleges and education.

Why is this important?

Access to education and training can be crucial for those with a criminal record who want to move on with their lives. It’s important to know whether you need to disclose your criminal record and if you do, what impact this might have on your being offered a place.

Making a university application through UCAS

Most higher education institutions will ask questions around criminal records at some point during the application process. Full time undergraduates will usually need to apply through UCAS.

From 2019, applicants for courses through UCAS are no longer required to declare whether they have any relevant unspent criminal convictions when completing their UCAS application for the majority of higher education courses. Instead, applicants tend to now be asked later in the enrolment process. This varies from University to University. Some won’t ask at all, except for regulated courses/roles.

What question does UCAS ask about criminal records?

UCAS only asks about criminal records if you’re considering a course which is closely linked to a profession which would be exempt from the Rehabilitation of Offenders Act (those which would involve working with children or vulnerable adults). For these types of courses the university you’re applying to will usually undertake an enhanced Disclosure and Barring check. These courses will usually involve a placement where students will be engaging in regulated activity or will be working unsupervised with children or vulnerable adults. Examples of likely courses would be those in health science, teaching and social work.

In this case, you will need to disclose all cautions, warnings and reprimands together with both unspent and spent convictions unless they are eligible for filtering.

If you’re applying for these types of courses, UCAS state the following:-

Criminal conviction declaration

This course has entry requirements which may require you to disclose further information regarding any spent or unspent convictions or any past criminal activities, and may                also require a criminal records check. Further checks may also be required under the Disclosure and Barring Service.

If you have spent or unspent convictions from a court outside Great Britain, additional checks may be carried out depending on the records available in respect of the applicable country. A criminal records check may show all spent and unspent criminal convictions including (but not limited to) cautions, reprimands, final warnings, bind over orders or              similar and, to the extent relevant to this course, may also show details of any minor offences, fixed penalty notices, penalty notices for disorder, ASBO’s or VOOs.

Please tick if you have any spent or unspent convictions or other punishments that would show up on a criminal record check.”

You can find more information here about the process with UCAS.

 

How will the university handle my application if I disclose a criminal record?

If you disclose a criminal record, you should not automatically be excluded from the application process.

Despite applicants not having to disclose any relevant unspent convictions on the UCAS application form, the majority of universities do ask for disclosure of relevant unspent convictions at some stage within the application process.

If you are asked to disclose a relevant unspent conviction at the application stage the university will normally write to you asking for additional information to enable them to carry out a risk assessment.

Details of your criminal conviction will usually be passed to an appointed person at the university who should then consider it separately from your academic qualifications  and achievement information. You may be asked to provide additional information to the university to assist them in the decision making process.

Universities will use the process of assessing your criminal convictions to determine whether:

  1. Based on the evidence provided, it is judged that you pose an unacceptable risk to the university
  2. You are able to meet the particular professional or statutory requirements that exist for some courses.

If they are satisfied with the information you have provided, your application will be processed in the usual way although, it may be decided to add additional conditions to the offer.

If your application is refused, you will be notified of the decision and you should be provided with details of how to appeal it.

What is a relevant conviction?

This will vary between universities. You should be given guidance as to what an individual University considers ‘relevant’ Generally, if a university asks you to disclose relevant unspent criminal convictions, this would usually include convictions, cautions, orders or similar that are not spent or filtered involving one or more of the following:

  • Any kind of violence including (but not limited to) threatening behaviour, offences concerning the intention to harm or offences which resulted in actual bodily harm.
  • Offences listed in the Sex Offences Act 2003.
  • The unlawful supply of controlled drugs or substances where the conviction concerns commercial drug dealing or trafficking.
  • Offences involving firearms.
  • Offences involving arson.
  • Offences listed in the Terrorism Act 2006.

If your conviction involved an offence similar to those set out above, but was made by a court outside of Great Britain and that conviction would not be considered as spent under the Rehabilitation of Offenders Act 1974, you should also disclose it.

What if I receive a conviction after I have applied to the university?

Most Universities have policies explaining what to do in this scenario. They are sometimes found in ‘student conduct’ or ‘student discipline’ policies. Each University will take a slightly different approach, so do ask for the right policy and determine what you need to do from this. Most Universities will expect you to disclose any criminal record received after application or during your studies. . You may be asked to provide additional information.

Appealing a university’s decision to allow you to study

There is no automatic right to appeal the outcome of an admissions decision. However, if you can provide additional relevant information to support your application which you did not originally submit, then many universities will be happy to take this into consideration and may reconsider your application.

When making a final decision, the panel should consider:

  • The nature of your offence and whether it is relevant to the course you’ve applied to study
  • If there is a pattern to your offending behaviour
  • The recommendations of any of your referees
  • Any mitigating or aggravating factors
  • Any comments about your risk of re-offending that was mentioned in any pre-sentencing or other official documentation.

When appealing a decision, you should:

  • Provide evidence that you’ve taken responsibility for your choices and you’ve sought to address your offending behaviour
  • Describe what you’ve done since the time of your offence – for example any new skills or qualifications or work experience
  • Reassure the university that you don’t pose any risk to their students, staff, visitors etc

Some other points to consider:

If the university has an official appeals process it may be the case that your appeal has to be submitted within a certain time period (i.e. within 14 days) and usually in writing. If you wish to provide further evidence which you’re unable to obtain in time, send off your letter and state that the additional evidence will follow within the next few days.

Many universities have admission teams that may be able to help you with the appeals process. They might help you find the relevant guidelines and regulations which could improve your chances of a successful appeal.

Make sure you give your letter a clear structure, presenting the facts without waffling. Write in a formal and business-like manner and avoid being adversarial, hostile or overly emotional. If possible, get the opinion of a trusted person to proof-read your letter prior to sending it. The Unlock advice team can do this, too – you should be mindful of the time sensitive-nature of an appeals process.

Remember that your letter needs to persuade the panel that your case satisfies their decision making criteria and that you are suitable to study on your chosen degree course. Your letter is going to be far more persuasive if it only contains strong points, so try not to dilute your good arguments by including weak ones.

Put yourself in the position of the university and make sure that where you can, you provide evidence to back up your argument.

The outcome of an appeal can be unpredictable but, a well-drafted and persuasive appeal can improve your chances of being successful.

Some students have unrealistic expectations about what will happen if they are successful. Be prepared for the university to place some additional restrictions on you.

Some degrees awarded by a university will lead to a professional qualification and you will need to demonstrate that you have the appropriate skills and attitudes required for entry into the profession. Where there are concerns about your suitability to gain entry into a profession, the university may wish to put you through a Fitness to Practise procedure. Your university should provide you with details of this process and explain how they will go about this.

Getting a placement

Some courses will require students to complete a placement which effectively means that they will be ‘working’  partner organisations (i.e. schools or NHS) whilst completing their course.

Some universities will have concerns that as a result of an individual’s criminal record, it will be difficult for the university to secure a placement for them. However, many health and social work organisations now have specific programmes designed to encourage applications from people with lived experience of disadvantage. Organisations with these in place may be more receptive to people with criminal records.

Some students have managed to secure their own placement, independently, and show this as evidence to the university, and this can often help in persuading the institution.

Other issues a university may consider

A university may be willing to accept a student with a certain conviction but might believe that the individual would be unlikely to be able to practice within the relevant professional occupation at the end of the course. They may feel therefore that it would not be appropriate to offer the individual a place. They may be able to provide the applicant with an alternative, more suitable course.

More information

  1. Practical self-help information – More information on universities and colleges and the Rehabilitation of Offenders Act.
  2. To discuss this issue with others – Read and share your experience on our online forum.
  3. Our policy work – Read about the policy work we’re doing on promoting the fair admission policies by universities and colleges.
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this information below.
  2. Send your feedback directly to us.
  3. Discuss your views and experiences with others on our online peer forum.

 

Bank accounts and a history of fraud

Aim of this page

The aim of this page is to provide guidance for people looking to open a bank account with convictions who also have a history of fraud. It’s part of our information section on banking.

Why is this important?

Each bank has the right to determine which customers it offers a bank account to, and they have a duty to protect their existing customers and the wider economy from risks such as fraud, money laundering and the financing of terrorism.

All basic bank account providers may exclude people convicted of fraud. However, it is not clear whether ‘may’ means ‘they might’ or ‘may’ in this instance means ‘they have the ability to, so they will’. It’s important to know what information banks have access to about you and how they will use this when deciding whether to offer you a bank account.

What is classed as ‘fraud’?

There is no single definition of what is meant by the term ‘fraud’. However, any false representation, abuse of position or the prejudicing of someone’s rights for personal gain can be deemed as criminal activity and can therefore fall under the umbrella of fraud. Banks commonly share information when assessing potential risk and this would usually fall into one of the following 3 categories:

  • Convictions under the Fraud Act 2006
  • Fraud against financial institutions
  • Fraudulent benefit claims

What is CIFAS?

CIFAS (Credit Industry Fraud Avoidance System) is a not for profit membership association representing the private and public sectors and is dedicated to the prevention of fraud, including staff fraud and the identification of financial and related crime. It is not the only fraud detection agency which offers services in this area but it would appear to be the most visible.

Membership is open to organisations such as telecommunications, retail, customer service centres and financial services, who are able to identify fraud and are prepared to share fraud data with others through the CIFAS National Fraud Database and/or the Internal Fraud Database. At present these members are predominantly private sector organisations, however, public sector bodies may also share fraud data through CIFAS to prevent fraud. As a result CIFAS are able to provide a range of fraud prevention services to its members, including a fraud avoidance system.

What are their aims?

  • Build on crime prevention data sharing to encompass both the private and public sectors in the public interest
  • Protect the interests of CIFAS members from the actions of criminals by pooling information on fraud and the prevention of fraud
  • Ensure that innocent members of the public, who are victims of fraud, are not prejudiced by the misuse of their identities and documentation

How does CIFAS work?

CIFAS enables members to exchange the details of applications from individuals for products, services or employment which are considered to be fraudulent, because the information provided by the applicant fails verification checks. Members can also exchange information about accounts and services which are being fraudulently misused. An example of this would be fraudulent insurance claims. CIFAS members also exchange information about innocent victims of fraud to protect them from further fraud.

This exchange of information is usually made possible by a clause that you agree to when you make an application or a claim for goods and/or services which explain how your data may be used. CIFAS information is not used to assess your ability to obtain an account, product, facility, insurance policy, benefit or employment as it is not a credit reference agency, but is only used to prevent the possibility of further fraud taking place.

CIFAS members are required to operate effective in-house procedures to enable fraud or attempted fraud to be identified and classified. Basic information on each case is filed on the CIFAS database and this information is then transferred electronically to a number of participating agencies.

When a member searches the CIFAS database through one of the agencies, the member is made aware of the need to investigate by means of a flagged warning. The member is then required to conduct an investigation into the case and not just reject the application, as it may prove to be a genuine application.

Information held by CIFAS

If you have a warning on your file this does not mean that you have been blacklisted.

A CIFAS member that receives a CIFAS warning from the system is not allowed automatically to refuse an application or to close down a product or service because of such a warning. They are required to make further enquiries to confirm your personal identification details before making a decision. If they identify a fraud, they will normally not proceed with an application or may review a facility or employment.

However, there may be other reasons why your application may not be approved. For example, you may not meet the decision-making criteria. In the event of this happening you are entitled to ask the member why it is they have chosen to decline your facility. However, the member will normally be able to provide you with an explanation and provide you with details of any credit reference agencies or fraud prevention agencies which they have used.

How long does this information stay with CIFAS?

All CIFAS markers, other than Protective Registrations and Victim of Impersonation markers, last for 6 years and are not dependent on how long the fraud carries on for. If an individual is found to commit fraudulent conduct again after the initial instance has already been filed to the National Fraud Database, a new marker would be created by the member organisation the new instance was committed against, which would last for 6 years from the date of the new marker.

How does this relate to the data held by Credit Reference Agencies (CRAs)?

Credit Reference Agencies are companies licensed to operate by the Office of Fair Trading under the Consumer Credit Act. They make credit information data available to organisations that are either processing applications from consumers or managing their accounts. They typically hold details of the electoral roll, details of county court judgments for debt, bankruptcy information, details of previous searches made by organisations against their databases and details of individual accounts held by the consumer, highlighting any late payment history.

In order to obtain a copy of your credit file detailing your credit history you may make an application either online or by post to a credit reference agency, such as Equifax or Experian, who make a charge of £2 for this service. For more details on how to get a copy of your credit file, see the credit rating section of this site.

Obtaining a copy of your credit file will provide you with a better understanding of why a potential lender may have rejected your application.

CIFAS data relates solely to fraud and cannot be built into any credit scoring model that may be used by organisations and Credit Reference Agencies. CIFAS data is processed by a number of fraud prevention agencies who provide fraud prevention services to CIFAS Members.

Has this been linked with the terms of the Rehabilitation of Offenders Act?

CIFAS does not hold any criminal records data and the CIFAS National Fraud Database is entirely separate from any data relating to criminal records.

How do I find out what information CIFAS holds on me?

CIFAS information can only be viewed by its members. However, the Date Protection Act 1998 gives you the right to seek Subject Access to a copy of any data that the CIFAS hold about you in return for a statutory fee of up to £10.

How can I challenge a CIFAS warning?

You should write to the CIFAS member organisation who recorded the data as they are responsible for the accuracy of their data. When writing to them you should:

  • Ask for the matter to be registered formally as a complaint
  • Detail exactly what you are complaining about, giving a full explanation as to why you consider that the CIFAS warning is unwarranted
  • Enclose copies of all relevant documents to support your case

This request would then be processed and looked at in more detail. CIFAS members tend to have their own complaints procedure which should be explained to you when you contact them.

If you are unable to reach an agreement on your complaint, you should request confirmation in writing from the CIFAS member that the complaints procedure has been completed or exhausted. This is sometimes known as a “Final Response Letter”.

Only upon receipt of this letter you can make a request for CIFAS to investigate your complaint. CIFAS will contact the CIFAS member and review all the details of your complaint, however, they do not have the power to recommend financial awards, but they will confirm whether the CIFAS member adhered to the correct procedures.

The use of information by banks

How will a bank decide whether to refuse my application?

Each organisation will have its own policy or criteria that it uses to make its decisions.

If you have been declined for a product or service, then there are a number of reasons why your application may have been refused. It may possibly be due to information on your credit file or for reasons related to an organisation’s credit scoring systems or specific lending policy.

You have the right to ask the organisation for a manual review of your application and, if the organisation’s decision remains unchanged, they should be able to indicate to you their reason(s) for refusal. Although CIFAS information is not used as part of any credit scoring systems, organisations may refer to CIFAS data (among other data sources) during their application handling process.

If I’m rejected by a mainstream bank, what should I do?

There are a number of reasons why you may have been rejected and it may have nothing to do with fraud. If you have a copy of your CIFAS records and see no information on there, it is likely that you were refused for other reasons e.g. eligibility. In this situation you may try another bank.

However, if you have been refused on the basis of a record of fraud, there are some potential routes. These should not be seen as recommendations – these are simply a few providers that Unlock have been advised by their members who have been able to help in these situations.

Managed bank accounts

Managed bank accounts are often referred to as guaranteed accounts. In return for a monthly fee, managed bank account providers offer a type of high-street current account,

Examples of managed account providers are:

Prepaid cards

A prepaid card is not a bank account, but it works a bit like one and only allows you to spend money you’ve paid in. They don’t offer any overdraft facilities so don’t allow you to get into debt. You won’t need to pass a credit check and the card can be used to buy things in shops and withdraw cash.

There is some useful information about prepaid cards on the MoneySavingExpert website.

We would normally only suggest that you look at a prepaid card if you have tried to open a basic bank account and have been unable to. They should generally only be used as a last resort, because:

  1. Whereas basic bank accounts have no opening or monthly costs, most prepaid cards will ask you to pay a one-off application fee which can be up to £10. Some will also require a monthly fee which could be between £2-£5. The cost of using a prepaid card can quickly add up, so look carefully at the fees associated with the card before you take it out.
  2. Prepaid cards are not covered by the Section 75 protection of the Consumer Credit Act. However, you will usually have access to Visa and Mastercard’s charge back schemes.

Examples of prepaid cards include:

  1. Pockit, which charge 99p for the initial cost of the card, and then a 99p monthly fee
  2. Optimum, which charges £5 for the initial cost of the card, and then no monthly fee.

These cards will often also have charges for making simple transactions like withdrawing money from ATM machines.

Release from prison (and just after) can be a time of uncertainty and change and tying yourself to a monthly fee, and ongoing costs for making simple transactions, may not be wise at this time. If you find that you can’t keep us your monthly payments then this will impact on your credit rating and possibly your ability to get credit in the future.

Discuss this with others

Read and share your experiences on our online forum.

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

More information

  1. For practical information – More information can be found in our banking section
  2. To discuss this issue with others – Read and share your experience on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum

 

Savings accounts and credit union accounts in prison

Introduction

Although much of the focus of Unlock’s work in prison has focused on improving access to basic banking pre-release, there are many people in prison for whom a basic bank account is not the right banking product, whether it be because of the amount of money involved, or the length of time until release.

This information provides details on two alternative options for people who fall into this group: savings accounts and credit unions.

Savings accounts

Prison policy suggests that if you acquire a large sum of savings whilst in prison (£500 or more), then you should transfer it to an external savings account where it can accumulate interest and be ready for you to access upon release. Your prison account does have a savings sub-account but it will not pay interest and you will not be able to access any money you put in it until your release.

The prison service is in support of people in prison utilising external savings accounts, however if you don’t already have one set up they can be difficult to open from inside prison. Banks often have different application processes for setting up savings accounts, and this may stop you from opening one due to the limitations of postal banking. The best thing to do would be to write to your existing banking provider and ask them if you are able to set up a savings account with them, and if so how to go about this. It could be as simple as filling out an additional form and returning it to the bank, or it could be a lengthy process involving several types of ID and additional proof of address, it all depends on the individual banking provider’s own procedures.

If it is not possible to set one up with your existing bank then you will need to try another banking provider. Also, banks will often have several different savings accounts that offer different rates of interest, levels of access to your money, minimum deposits, and various other services and restrictions. The best thing to do would be to ask your bank for details of their accounts and advice on which would best fit your financial situation.

Credit unions

Credit unions are a growing alternative to the big banks. They are financial organisations that are owned and controlled by their members. Unlike a bank, which works to make money for shareholders, if you join a credit union, it is working to benefit you.

Credit unions come in all shapes and sizes and each will have a slightly different set of products. In general they offer savings and great value loans plus they are local, ethical and know what their members want. Many credit unions now offer a range of services including a current account, benefits direct, ISAs and Child Trust Funds.

Each credit union has a “common bond” which determines who can join it. This determines who can become a member of the credit union. The common bond may be for people living or working in the same area, people working for the same employer or people who belong to the same association, such as a church or trade union. You need to be aware that credit unions are still growing and it may well be that you cannot find one that you can join. If you are in a large city your chances will be a bit better.

As part of research that Unlock published in early 2013 (Unlocking Credit Unions) we found that a number of prisons had successfully partnered with local credit unions to offer savings accounts for people while in prison.

To find your local credit union, visit www.abcul.org and click on “Find your credit union”. Alternatively, you can visit www.findyourcreditunion.co.uk. 

 

Opening a basic bank account in the community

There is no general rule that prevents people with convictions from opening a bank account. It’s often that people have difficulties because of other reasons, not specifically because of their convictions. For example, many banks refuse applications due to:

  • Lack of ID
  • Record of fraud
  • Undischarged bankrupts
  • Poor credit rating

Overcoming the common obstacles

Lack of identification (ID)

For most people trying to open an account, the biggest problem is ID. Read our specific section on identification for opening a bank account.

Record of fraud

All account providers reserve the right to reject applications from people who have a ‘record of fraud’ as a result of money laundering regulations. This does not mean anyone convicted of an offence that could be considered fraud cannot get an account. For example, banks would not usually decline an application from a person convicted of providing incorrect information when claiming benefits. Banks do not have access to criminal records, however they do have systems to detect applications from people who have a record of fraud against financial institutions, such as banks and insurers. We have a specific section covering this issue in more detail.

Undischarged bankrupts

Most banks also reserve the right to reject applications from people who are ‘undischarged bankrupts’. This is someone against whom a bankruptcy order has been made and who has not been discharged from bankruptcy (which usually happens 12 months after bankruptcy).

Poor credit rating

These days lots of people have a less than perfect credit record. This can cause problems when you apply for a standard current account because they tend to include credit facilities (like overdrafts, cheques and credit cards). Over two million people in the UK have opened basic bank accounts for this reason. They are easier to set up because most of them do not require a good credit record.

Disclosing your convictions

The bank account applications we have seen do not ask about criminal convictions and the banks do not request information about past convictions in any other way.

The banks have a system for detecting if you have convictions for defrauding financial institutions such as other banks and insurers. Other convictions do not seem to be an issue. If you are asked, convictions that are spent under the Rehabilitation of Offenders Act certainly do not have to be disclosed.

There can sometimes be an issue if there was high-profile media coverage of your convictions. Sometimes, banks will link media reports to their customer database. If this happens to you, depending on the response of the bank, you may want to make a complaint to the Financial Ombudsman.

Hints & tips

Be a confident consumer

Give yourself credit – you are a potential customer! Go to the bank and ask for help. If the branch staff are unhelpful, go to the manager. If the manager is unhelpful, ask to speak to a more senior one. If that one is unhelpful, try another bank – you do not want your money with an unhelpful bank anyway.

Look for support

Ask for support from other agencies. If you have been discharged from prison, can you get into contact with your resettlement team? Do you have a Probation Officer? A letter of support from these Government employees may be accepted as a piece of ID. If you do not feel you have any support from them, are there any local charities that can help you? Many areas have a Citizens Advice Bureau (CAB) which may be able to help.

Speak to your MP

It’s amazing what a difference it can make to a bank when an MP writes to them on your behalf. It is sad to say but it’s still the case that House of Commons headed paper counts for more than your notepad.

Try an alternative

Credit unions are a fast growing, community-led alternative to the big banks. Click here for more information.

Managing an external bank account while in prison

Introduction

Who is this aimed at?

This information is aimed at people who are currently serving a prison sentence. However, it should also be of use to families, friends, and anyone working with people in prison. It has been produced by Unlock in partnership with Transact, the National Forum for Financial Inclusion (which is a partner charity of Toynbee Hall).

transacttoynbee hall

What does it contain?

It provides detailed information about how to manage a bank account while in prison. It sits alongside broader information on opening a basic bank account in prison and in the community, as well information on opening savings and credit union accounts.

It is important to note that each banking provider has their own policies, processes, and procedures in relation to many of the issues discussed in this document. Consequently, we could not produce a completely comprehensive guidance that covers specifically how each bank handles every subject looked at. If you cannot find the exact information you are after then you should speak directly with the banking provider you have your account with to find out more.

Why is it needed?

There is currently no concise and user-friendly document detailing how people in prison can manage a bank account. Existing official information is a mixture of Prison Service Rules, Prison Service Instructions, and policy guidance. This has left many specific questions unanswered, which we aim to cover in this guide.

Why is Unlock producing it?

Unlock is currently working with HMPPS and the banking industry to increase the ability of people in prison to apply for, and open, a bank account before their release. The outcome of this work so far has been that an increasing number of people in prison have a bank account that can theoretically be operated before release. It is therefore important that people in prison, as well as those who work with them, are aware of how to manage an account whilst in prison.

In undertaking this work, we have identified a number of barriers that unnecessarily prevent people in prison from managing their banking and finances. We plan to take these issues forward by working with HMPPS, the banking industry, and other agencies, to try to improve the accessibility of accounts from inside prison.

The status of your bank account

Nothing happens to an external bank account as an automatic consequence of being in prison.

However, there are several things that could block access to your account, either temporarily or permanently. These are detailed below so that you can check to see if any of them could affect your ability to utilise your account.

Restraint Order

A Restraint Order is used to freeze the assets of a person to whom there is reasonable cause to believe has benefited financially from criminal activity. Restraint Orders are often given to someone suspected of fraud, money laundering, or serious drug offences. Someone subject to such an order will have all their financial assets frozen so that they cannot be used before any potential confiscation hearings (see below). Frozen assets cannot be accessed or transferred. For example, the order prevents the selling of property. As part of the order all bank accounts will be frozen with only a small amount of money being accessible for living expenses where appropriate.

Confiscation Order

A Confiscation Order is made after a person is actually convicted of an offence that resulted in a personal financial gain. The purpose of a confiscation order is to take away this financial gain. The court will determine the amount of profit received by the defendant and the amount of available financial assets the defendant currently has. The court will then order the defendant to pay the lesser of the two amounts. A Restraint Order will be in place from the start of a confiscation investigation until it is resolved; at this point accounts will be unfrozen and access to any remaining money will be given as above.

Third Party Debt Order

If you are in debt then a creditor can take you to court and obtain a court order against you, requiring you to pay them back. If you don’t keep to the terms of the order then your creditor will have several options, one of which is a Third Party Debt Order, which will allow them to take money directly from your bank account.

The first step a creditor will take is to get an Interim Third Party Debt Order. This order will get your bank to freeze the money in any accounts you have with them, up to the amount you owe. You will not be able to access this money, nor will any be paid to your creditor, until the court has made a final decision on the case. If the court finds the creditor to be right about the money owed then it will be taken from your account and given to them. If however the claim is found to be false then your money will be unfrozen and you will gain full access to it again.

If you are currently in debt then we recommend that you take immediate action to deal with it straight away so that you do not lose access to your money through things such as Third Party Debt Orders. You will need to seek independent debt advice so that you can explore the options open to you.

Account dormancy

Banks will sometimes suspend and restrict accounts that are inactive for long periods of time; this is called account dormancy. Any money in a dormant account will remain there and you will be able to reactivate the account and gain access to your money.

While an account is dormant you will not be able to use the money it contains or make any transactions relating to the account.

Banks only make accounts dormant when they have been completely inactive for a set period of time. This varies widely depending on the type of account and the respective banks policy on the matter; it could however be as little as a year for some current accounts. Your bank will try to contact you once this time period has elapsed; if they cannot get hold of you due to having the wrong correspondence details then they will make the account dormant. In 2009, legislation came into force allowing the Government to take money that had been untouched for 15 years to use it for good causes, although it has promised you can still reclaim it if you can track down any money that is rightfully yours. Many people don’t know if they’ve got a dormant account, but the easiest way to find out is to use a free central website, www.mylostaccount.org.uk. Be patient though; the search can take up to three months.

Avoiding dormancy is very simple. Make sure that your bank has your current prison address (see below for more details on this), and try to actively use it, even if this is only making a small deposit from your internal prison account once every 6 months or so. This will show the bank that it is being used and should stay active.

If your account has become dormant you will need to contact your bank to find out how to reactivate it as the process varies widely from bank to bank. For example, Halifax requires you to visit a local branch and prove your identity face to face (which will be difficult to do while in prison), whereas Barclays only requires you to make a debit or credit entry to the account for it to be automatically reactivated.

Control of your account

It is your responsibility to manage your account and any financial commitments associated with it whilst you are in prison. This section explains how you can utilise your account and details any banking limitations that will have been put in place by the prison service. There is an alternative to managing the account yourself; it’s called a Third Party Mandate.

Third Party Mandates

A Third Party Mandate will allow someone you trust to operate your account from outside the prison on your behalf. You can set limitations on what the holder of the mandate can do, for example make payments, issuing cheques on your behalf, etc. It will not remove your own ability to use the account but will simply give additional access to someone who is not in prison and doesn’t face the same restrictions as you. It’s also free of charge and is usually a relatively simple process.

Obtaining a Third Party Mandate varies from bank to bank so you will need to write to your bank and ask them to send you application details. Usually the process consists of filling out a form with sections for both yourself and the third party to fill in which will then need to be sent to the bank along with proof of the third party’s identity. Unfortunately not all banks allow applications by post and require the account holder and the third party to visit a local branch to verify their identity in person. If your bank requires this then it is unlikely that you will be able to set this up while you are in prison.

Communicating with your bank

Communication limitations

Telephone and Internet banking are not allowed while you are in prison. As a result you will have to conduct all of your banking activities by post. Most banks can operate in this way, but you will be limited in the number of services available to you, depending on the bank you are with.

Changing your address

There is no legal requirement for you to notify your bank that you are in prison, however changing your address is an important first step in managing your account as it will protect you from dormancy and enable your bank to keep you informed of any important information. For example, if your bank sends you a statement to the address they hold on file and it gets returned to sender, your account is likely to have restrictions put on it. To update your address you will need to contact your bank and ask them to send you a change of address form.

The form will ask you for proof of your identity. Some banks will only need a signature from you to prove your identity, as they will then match it with the copy of your signature they took when you first signed up for the account. If the bank requires additional proof of identity then they might accept the prison template used to apply to open a new account. Please see the separate section on proving your identity for more information.

Banks will often ask for proof of address as well as identity. This will usually be asked for in the form of something you cannot obtain, such as a council tax or utilities bill, therefore you will need to get a letter from the Governor of the prison to confirm your current prison address. You may need to request that this letter detail specific information depending on what you are being asked to confirm, such as what date you first came in to the prison, when you are due for release, etc. Alternatively, you may find that a letter from your solicitor is sufficient.

Prison number

To make sure that any correspondence the bank sends you reaches you successfully it is important that you inform them of your prison number and ask that they include it on anything that they send you. Post that does not include your prison number could be delayed in getting to you and may sometimes be returned if the post room cannot identify who the post is for (for example, the prison may be holding, or recently have held, more than one “P. Smith”).

Bank statements

As long as your bank has your prison number and current address you should continue to receive any statements you would have previously received at your address prior to being sent to prison. You may choose to contact your bank and opt not to receive paper statements if you don’t want these sent to the prison.

Privacy

The prison authorities have the right to open and examine any incoming or outgoing post for security purposes, as well as the right to intercept and monitor telephone calls. As a result, communications between yourself and your bank cannot be guaranteed to remain confidential. This includes bank statements because they are not regarded as being confidential even if they have specific markings such as ‘Private’, ’Private and Confidential’, or ‘Confidential‘ marked on them.

Account items

Bank cards, PIN’s and cheques books

Any bank cards, PIN’s and cheque books must be kept in your valuable property, unless you’ve taken out a Third Party Mandate, in which case it would generally be best for these to be with the holder of the mandate. You will not need to access your card while in prison, however you may need to send cheques on occasion.

In order to access and issue a cheque you will need to go through the appropriate application process. The Governor will need to be satisfied that any transaction you are making is for a legitimate purpose and does not break any security protocols. You will need to fill out a general application detailing why you want to write a cheque and who it is for. If this is approved then you will have to fill out the cheque with a witnessing officer present to make sure it is done in accordance with the details given on the approved application.

Banking restrictions

People on remand

If you are on remand there are no restrictions on the types of banking transaction you can make. You can continue to make any personal or business transactions that you would ordinarily make. However, no special provisions will be made for you. As a result, as detailed above, banking correspondence can be monitored by prison authorities and you will be limited to postal communication only. Also, if you wish to make a substantial cash or property transaction the Governor has the right to consult the police.

The following sections relate to people who are convicted.

Business transactions

You are not allowed to conduct business transactions whilst in prison. A business transaction is one that is liable to take place more than once, or on a regular basis, and does not count as a necessary personal financial transaction (see below). However, once convicted you should be given a reasonable amount of time to settle current business transactions or to hand them over to someone else to manage on your behalf.

Personal transactions

You are restricted to making banking transactions of a personal nature that must fit into one of the following categories:

  1. Help you to maintain your personal affairs whilst in prison.
  2. Help assist you to resume a regular lifestyle on release.

These include:

  1. Making payments to reduce an outstanding balance or other debt re-payment.
  2. The sale, transfer, or disposal of personal property and shares.
  3. The transfer of personal funds, where appropriate.
  4. The ability to issue cheques, where appropriate.

If you have any queries about the legitimacy of a specific transaction that you want to make then you should submit a general application to the Governor to ensure you are not inadvertently breaking any rules.

Credit cards, loans and credit agreements

You are not allowed to use credit cards or enter into any form of loan or credit agreement whilst in prison. Examples include loans from a bank or credit union, mobile phone contracts, insurance paid by direct debit, and mail order catalogues offering credit (although a single installment or one-off payment may be issued on your behalf to purchase a large item, at the discretion of the Governor).

Existing financial commitments

You will need to ensure you have enough money in an existing bank account to meet any ongoing financial commitments that you have, such as loans or a phone contract. If you do not keep up with payments then you are likely to incur charges and potentially damage your credit rating. If you are worried that you do not have enough money in your account and are at risk of falling into debt then you should make contact with debt advice organisations.

Standing orders and direct debits

It is important when you first come into prison that you arrange for any standing orders and direct debits that you can no longer afford to pay to be cancelled, or transferred, to avoid you incurring any unnecessary debt. It is important for you to write to your bank as soon as possible to instruct them to cancel these.

Usually the bank will only need a letter requesting cancellation of a direct debit or standing order, however if on receiving a request from you they need more information they will let you know and may send you an additional form for you to fill in. When requesting a cancellation make sure to include as much information as you can. Most importantly include the name of the company or organisation that the standing order/direct debit is paid to (banks often call this the originator).

As well as contacting your bank it is also vital that you let the originator know that you are cancelling payments to them and your reasons why.

Transferring money

Electronic transfers

There is currently no way to transfer money electronically whilst you are in prison. This is true regarding both the transfer of money from an external account into your prison account, and vice versa, from your prison account into an external one. As a result, you will need to follow the procedures detailed below in order to move money between your accounts.

Transferring money from your external bank account into your prison account

The established process for transferring funds from an external bank account to a prison account requires you to write a cheque made payable to the Governor, which the prison then transfers to your prison account. Commonly cheques are made payable to ‘The Governor, HMP _____’.

Cheques will, as a minimum, be banked on a weekly basis. Post-dated cheques will not be accepted. Transferring money in this way has been known to trigger a SIR (Security Information Report) but this will not stop the money getting through to your account, but may delay the transfer. As long as the money being transferred is deemed to be for legitimate personal use only by the prison then it will be allowed.

However, basic bank accounts, and many current accounts, do not provide a chequebook. If this applies to your account then it will not be possible to transfer money into your prison account from your external account, unless you have a Third Party Mandate allowing someone outside the prison to transfer money in on your behalf.

Transferring money from your prison account into your external account

In order to make a transfer into an external account from your prison account you will need to fill out a Cash Disbursement Form. You will need to include your bank account number and sort code on this form so make sure that you have this information available to you when making this kind of transfer.

Setting up a standing order

It may be possible for you to set up a standing order whilst in prison. This will only be possible on rare occasions that fit into the personal transaction categories detailed above, such as setting up a regular payment to a creditor.

Not all banks will allow you to set up standing orders by post alone. You will need to write to your bank to check and ask what the procedure for application by post is. Usually this will be a specific form that the bank will send you, or it may be enough to send a simple written request containing the following information about the account the money is to be paid into: Bank sort code, account name, account number, payment amount, payment date and frequency, and any end date you wish to put on the payments.

Release from prison

Valuable items

All bankcards, PIN’s, chequebooks, and other valuable banking items that are held by the prison should be issued to you at reception immediately prior to you leaving the prison. If the property cannot be accessed before release you can return to the establishment to collect it. Alternatively the cashier should make arrangements to send it to you by recorded delivery on the next working day.

Changing your address on release from prison

As soon as possible after your release you should notify your bank that you have changed address, otherwise the bank will continue to send any correspondence to the prison. Whilst the prison should forward any post on to your future address this will cause a delay in you receiving potentially important financial information and should be avoided if possible.

Opening a basic bank account before release

Please note – This page contains our self-help information for people with convictions.

Unlock ran a 9-year project, working with prisons and the banking industry, to better develop links in prisons. This came to an end in early 2014. Details of this work, and an impact report we produced, are available here.

Introduction

Research suggests that between one third and one half of people in prison don’t have a bank account. Getting it sorted after release can be a humiliating experience, so people need to try to open a bank account before they leave prison. It’s a fundamental necessity of modern life and therefore resettlement. You need one just to claim JSA, and to receive wages from work you do.

Getting the banks to agree has been a slow process. In 2005, only one responded to Unlock’s call. Now, all the major banks are involved in opening accounts for people in prison. Each bank has ‘adopted’ a number of prisons, allowing over 100 prisons to support account applications using a standard ID template.

It’s not perfect. Prisons don’t always make it available to everyone and some prisons don’t make use of the arrangement they have in place. It’s focused on basic bank accounts for people preparing for release. Most of the banks try to avoid ‘dormant’ accounts by excluding people who don’t have a release date.

This information will cover how you can go about applying to open a basic bank account before you are released.

Prisons and banks

The rules

There is no specific rule (either within prison or within the banking industry) that stops you from opening a bank account whilst you are in prison. Banks can open an account for you and rely on the prison’s security systems to ensure that only activity that the prison feels is appropriate is carried out on the account. Prison regulations set out a number of conditions that apply when opening a bank account:

  • You will give the prison as your address.
  • Authorised staff from the establishment will be able to inspect your financial records at any time.
  • You will not be allowed to open or operate accounts that offer credit facilities.
  • You will not be allowed to open or use store/credit cards, or other credit facilities.
  • Cash, bank/building society books and cheques will not be allowed in your possession within the establishment.

The approach of banks

People in prison who apply to a local bank branch near to the prison often find the attitude of staff unhelpful. Although there are no specific rules that prevent the bank from opening an account for somebody in prison, they usually refuse. This can be for a variety of reasons; they may not have been trained to deal with applications from people in prison or they may think they are taking a risk. At a more senior level, some banks are worried about risking their profits and their image.

Unlock has been working hard to make banks aware of how important it is for people in prison to be able to open an account before release, and how difficult it is for people to actually do so. It is not an easy task, but most banks have taken notice. We’ve worked hard on behalf of people in prison to overcome the fears banks have, which lead to this discrimination. The arrangements that we have set up have shown that people who have previously been in prison can become excellent bank customers.

The approach of prisons

The Prison Service is officially supportive of people in prison opening bank accounts:

‘Imprisonment provides a good opportunity to assist offenders to open bank accounts and thus be better prepared for life after release. It is, therefore, advantageous for prisoners to open bank accounts and establishments should assist them to do so.’ Paragraph 1.5 of PSI 44/2011 Identity (ID) for Bank Account Applications for all prisoners

Prison staff should provide ‘reasonable support to enable [a person in prison] to open an account.’ National Offender Management Service, quoted in Inside Time in February 2008

‘If a prisoner […] acquires cash exceeding £500 they should be advised that it is in their interest to transfer the excess to an external account.’ Paragraph 3.2 of PSI 01/2012 – Manage Prisoner Finance. Note: There is no rule preventing people with less than £500 from opening an account

Basic bank accounts

In applying for an account before release, a basic bank account is the type of account that you should be looking at applying to open. We have separate information about what basic bank accounts offer. We also have separate information on savings and credit union accounts.

Applying for a basic bank account – the options

Option 1 – Specific prison/bank arrangement

Check to see if there is a specific banking arrangement running in your prison. These arrangements make the process of getting an account much simpler. They usually take account of the specific needs of people in prison; for example, they can help people who do not have any ID.

Make sure you try a few places in the prison, just because one person says there is no arrangement, this doesn’t mean that there isn’t one. Ask your personal officer if you have one, education, resettlement, and any relevant charities such as CAB. A list of currently active banking arrangements can be found at the end of this information.

If there is an arrangement, check whether you are eligible or not as some prioritise people who are near the end of their sentence. If you are eligible, ask to be added to the list.

See the bottom of this page for more information.

Option 2 – Apply to the bank of your choice

If the prison doesn’t have a specific arrangement, or even if it does (and it’s just that you want to apply to a different bank), there are no rules to say that you can’t apply to other banks. The first step is to write to the banks that you wish to open an account with. Attitudes vary between branches, not just banks, so it is not possible to recommend any specific bank. Success seems to depend on how you go about it, whether you have money to put in, the types of ID you have, how persistent you are, and who receives the application.

It will help if you can get a list of banks that are local to your prison. Ask resettlement staff to help you get this. Check with prison staff to find out whether they have already built up a relationship with a specific branch nearby. Remember you can always change your bank at a later date.

Next, write a standard letter and send it to each bank. In your letter you might like to:

  • Explain that you are in prison (there is no need to discuss your offences).
  • Explain that you are about to be resettled back into the community.
  • Give a rough estimate of your expected release date.
  • Explain that that you need a bank account to secure employment and benefits after your release.
  • Inform them that you are intending to use the account actively once released.
  • Explain what types of ID you have (you can ask the prison to complete the template if you’re struggling with other forms of ID).

Be aware that, in our experience, letters from people are sometimes simply ignored by banks, so you will need to be persistent.

Option 3 – Wait until release

If there is no specific arrangement running in your prison, and you are close to release, you should consider spending your remaining time preparing to open one after release. Focus on getting together any ID that you have.

Joint accounts

Existing prison banking arrangements have only allowed applications in sole name. There is currently no NOMS policy on joint applications, and these have not been proactively supported for a number of reasons; such as difficulties in governing financial transactions by people in prison, difficulties with two account holders with different addresses, and the possibility of two people in the same prison wanting to open a joint account together. Furthermore, banks have only allowed individual applications in order to reduce risk.

If you would like to open a joint account you should instead look to add a partner to your account after release. You should also be aware of the implications of a joint account and understand that money in the account can be spent without your permission.

Specific prison basic banking arrangements

A list of prisons with specific basic banking arrangements are featured in a report we published in 2014 available on our main website.

If you’re looking to find out the details of arrangements in a specific prison, we’d suggest you ask the prison directly in the first instance.

If you’re still struggling to find out the details, you can email offenderbanking@noms.gsi.gov.uk – this should put you in contact with the lead at HMPPS (which oversees the prison-banking arrangements) who should be able to provide you with details of specific arrangements for specific prisons.

Identification (ID) for opening a bank account

Aim of this page

This page is mainly designed for use when applying to open a basic bank account and is part of our information on banking. We have some general information on why you are likely to need identification and the different types that are available on our sources of identification page.

Why is this important?

For many people in prison and on release, the biggest problem when applying for 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 identification requirements. This is usually one piece to prove your name, and a different piece to prove your address. This can sometimes be difficult (and expensive) for you to find.

General guidance

  • Banks have their own long lists of acceptable ID (see below). These allow them to be quite flexible, despite what some branch staff will say. They normally have this list on their website, so if you get told by a branch that they don’t accept a particular document, ask them to check their long list of ID.
  • Banks have different policies. You can’t force them into accepting a particular document.
  • There may well be other documents that your local bank will accept, even though they are not on the list below.
  • If you’re relying on a prison or probation letter, get a copy of the Joint Money Laundering Steering Group (JMLSG) guidance (print the front cover and the relevant page) and show it to the bank.
  • Banks often require at least two pieces of ID so remember that the same document cannot be used for both name and address. Some banks require more than two pieces of ID documentation.
  • Don’t tall into the trap of thinking that you must spent lots of money buying a passport to prove your identity. Ask your bank branch – it may accept a benefit letter, birth certificate or probation officers letter. If you know your National Insurance number you can write to your local Tax Office. Even if you have never paid a penny in tax, it will write back to you, providing proof of address.

Proving your identity while in prison

Ideally you will be able to get standard forms of ID, (see Long list of possible ID below). If you don’t currently have any ID it is worth trying to get some.

As part of our banking project, we helped to partly overcome the ID problem by creating a special ID form, signed by the Governor, to prove who you are. This form has now been included as a template so all people in prison can use it. This ID form has been established specifically for opening basic bank accounts. It has been agreed by all of the banks through the British Bankers Association and the Joint Money Laundering Steering Group that this form can be accepted as the only form of ID when opening a basic bank account. More details on the form and how the prison should use it are contained in PSI 44/2011.

You should be able to get this PSI from the Prison Library and the ID document will need to be completed by a member of the Prison Service and signed by a Governor. The British Bankers Association has agreed on the ID document so it is officially acceptable; however when it comes to individual bank branches they can still refuse to accept your application. If the ID document is rejected as a form of ID it may be useful to respond quoting the Joint Money Laundering Steering Group (JMLSG) guidance which says that banks can accept it for a basic account. (see Banking guidance below).

Proving your identity in the community

If you have a Probation Officer, you may be able to use a letter from them as a form of ID (see the banking guidance section below). If you have been released from prison, a letter signed by the Governor (or the PSI document) will no longer be useful as it could only be used while you were at the prison address.

Otherwise, you will need to explore other ways in getting some of the forms of ID listed in the ID Guide below. For example, there may be a project in your area that helps people with convictions to get into work where they may be able to help with the cost of ID to help get a bank account for your wages to be paid into.

Banks also have their own long lists of acceptable ID. These allow them to be quite flexible, despite what some branch staff will say. Banks often require at least two pieces of ID so remember that the same document cannot be used for both name and address. Some banks may require more than two pieces of ID documentation. Please remember that different banks have different policies and nobody can force them into accepting a particular document as acceptable ID. Please also remember that there may well be other documents that your local bank will accept even though they are not on the list. If you manage to open an account with a different document please let us know so we can share this information with others.

Banking guidance

Through the BBA (British Bankers Association) and the JMLSG (Joint Money Laundering Steering Group) the banking industry has signed up to accepting certain identity for basic bank account applicants in certain situations.

For people in prison

“It may be possible to apply standard identification procedures. Otherwise, a letter from the governor of the prison, or, if the applicant has been released, from a police or probation officer or hostel manager would normally be sufficient. See the pro forma agreed for this purpose with the National Offender Management Service and UNLOCK, attached as Annex 1-III” – This is taken from Part II of guidance from the Joint Money Laundering Steering Group, available here (see page 13)

For people on probation

“It may be possible to apply standard identification procedures. Otherwise, a letter from the customer’s probation officer, or a hostel manager, would normally be sufficient” – This is taken from Part II of guidance from the Joint Money Laundering Steering Group, available here (see page 13)

Long list of possible ID

idlist

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Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

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  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine, under the category banking
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