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Scottish Government consult on the Rehabilitation of Offenders Act 1974


roa

This week, the Scottish Government has (finally) launched its consultation on the Rehabilitation of Offenders Act 1974.

England & Wales has passed its own reforms on this (although they’re still waiting to come into force), but these will not change the situation in Scotland.

The Scottish Government hasn’t put forward a specific proposal at this stage, which suggests a genuine openness to look at different ways of improving it.

Not only is this is a great opportunity to influence potential changes in Scotland, but it’s also a way of setting out arguments for why broader changes in approach may be needed, and how this may relate in the future to changes in England and Wales.

For information, when the UK Government published a consultation on amendments to England & Wales, Unlock submitted a response, which can be downloaded here.

We want to encourage anybody who has a view on the ROA in Scotland to respond to the consultation. All the details can be found on the Scottish Government website.

For anybody who wishes to their share contributions more broadly, we’re happy to circulate responses via this site – just send them through to therecord@outlook.com.

Call for submissions, from the new co-editors

Richard & Tyler, Co-editors of theRecord

theRecord is a free online magazine for law-abiding people with convictions.

We are always on the lookout for interesting contributions by people who have a criminal record. Articles can be about people’s success stories, the struggles of living a law-abiding life following a conviction, problems with and objections to the disclosure of convictions when seeking work or volunteering, building new circles of friends, or anything that has helped inspire and support a change towards a law-abiding lifestyle.

As ever, we want theRecord to represent your journey, so please keep contributing your stories, reviews, creative pieces and views on the latest developments. Whatever you want to say, we need to hear it.

If you write for theRecord, you can expect to deal with editors sympathetic to your situation and keen to give you a voice to help bring about positive changes in your life, the lives of others and to the way people with convictions are treated and their criminal records are used.

We publish articles in four basic categories:

1.            News: latest news that affects people with convictions

2.            Your views & reviews: your views on the current situation and what needs to change and reviews of books and articles that affect people with convictions.

3.            Your stories: tell your story. Have you turned your life around? How are you dealing with having a record? What effect has it had on your life? What changes have you had to make to move forward?

4.            Show your conviction: This section provides a platform for people with past convictions to get appreciation and recognition for the positive work they’ve done since their last conviction. This could include photography, art, poetry, writing or examples of crafts: anything which showcases the abilities of people with past convictions.

If you think you might be interested in publishing something in theRecord, then just drop us an email at therecord@outlook.com

We’re looking forward to hearing from you.

Richard and Tyler

Co-editors, theRecord

theRecord is back!

If you thought we’d been a little quiet recently, we hope we can make it up to you with the news that theRecord has gone live online! For the last few months we’ve been working hard behind-the-scenes to build a brand new website that’s just aching for all your content. Check it out @ unlock.devchd.com/community.We’ve brought the magazine right up to date with the help of a talented designer. Like most websites, theRecord will be constantly evolving and if you’ve got any thoughts on what we could do better then please let us know (of course, if you want to tell us how brilliant it is, we’d quite like that too).

In terms of how theRecord will work, there’ll be much less emphasis on a monthly published edition, and much more focus on developing high-quality interesting contributions from a broad range of people with convictions. However, we’ll still be providing you with monthly updates straight to your inbox, where we’ll recap the latest news and articles that have been posted during that month, so that you can easily find out what’s new.

We’re also pleased to announce that we have two new co-editors on board. They’ve put out a call for submissions, so if you’re interested in contributing to the magazine, please get in touch with them at therecord@outlook.com.

DBS start filtering cautions and convictions

As some of you may have seen from the news, the Disclosure & Barring Service (DBS) has started, as of yesterday, a process of ‘filtering’ for cautions and convictions held on the Police National Computer.Today, we’ve published our own detailed guide on how the DBS filtering rules will work. This can be downloaded here.

Although we’ve known this has been coming for quite a few weeks now, it wasn’t until last week that we found out exactly when it would be coming into force. It wasn’t until yesterday when, along with everybody else, we got a chance to see the guidance that the DBS had written and, in particular, saw the full list of offences that are exempt from filtering.

We’ve written a lot about this issue in recent years (see more here). Unfortunately, the filtering process that the Government has introduced doesn’t go far enough in lots of ways. However, based on the calls our Helpline has been receiving in the last couple of days, it is certainly going to help some people, and for those people, it could mean the difference between getting refused the role they’ve applied for, and finally getting an opportunity to prove themselves. We will continue to argue that the system should go much further, to ensure that genuinely law-abiding people with convictions are able to reach their potential.

In the meantime, after having chance to digest the DBS guidance, alongside the list of offences, and the numerous questions we’ve asked of Government in recent weeks, we’ve published a detailed guide on the DBS filtering process. We hope that this information will help you to understand whether the process will help you in your own situation; we’ve tried to put together a number of questions that should help, as well as frequently asked questions and some examples.

It is going to take some time for people to understand this process. In particular, it’s likely that employers will be confused about what it means for them and their recruitment. On top of many other changes being made to the DBS process, this represents an unprecedented level of uncertainty about how the DBS process operates. We will continue, as always, to try to help people with convictions better understand the system as best as we can.

If you have any questions about this information, please contact our helpline.
If you’d like to discuss this information with others, there is a specific thread on our online forum.

Best wishes,

Unlock

  • This update is provided by Unlock’s Helpline.
  • If you’ve been forwarded this email, you can sign up to receive these updates directly by clicking here and selecting ‘Information Hub Updates’
  • If you have found this information useful, please leave us your feedback and consider making a donation.

Prison doesn’t work according to judge

David Honeywell

A judge recently caused outrage when while sentencing 26-year-old Richard Rochford for burglary, he said it was courageous to burgle someone’s home.

Judge Peter Bowers The Teesside Crown Court judge also said he thought prison did criminals “little good”. His remarks sparked criticism and Prime Minister David Cameron said burglars were “cowards” whose “hateful crime” violated victims. The case is local to me so I am aware of the problems we have here with drugs and burglaries. Often Judges comments are taken out of context but in this case, surely it has sent a message to other burglars that what they do is something to proud of? On the other hand, if we put aside our feelings of burglars to look at his comment that prison doesn’t work in more detail, does he have a valid point?

Politicians of whatever party have long been firm in the assertion that prison works – indeed the most simplistic slogan to the complex problem of crime and criminality is ‘lock em up’. From Michael Howard’s claim that ‘prison works’ to the Labour mantra ‘tough on crime, tough on the causes of crime’ ever since the 1990s, both major parties have competed to be the party of law and order.

I can only draw from my own experiences as always. The harshest prison I was ever in was the army ‘glasshouse’. Its regime was unrelentless and its brutality brought me to tears. But it didn’t stop me going back a second time.

It hadn’t worked then because the one thing it didn’t address was the mental health issues I had and sadly, prisons are full of these cases. My stint in Durham prison in the 1980s didn’t stop me going back 10 years later either. But what did deter me from crime was the belief others had in me. As I have always said, education changed me but it wasn’t the books and study; although this was important for changing my thinking; it was the acceptance by a culture. The culture of academics did not judge and therefore I was allowed to climb the ladder without prejudice.

The prison didn’t change me or help me, I changed me, but without the support of others – this would not have been possible. Of course people need to be punished but also they need to be given the tools to change once they have paid their price to society. Without these tools, how can anyone expect them change?

Employers need to give them a chance and society needs to accept that people can and will change. Prison can never work as the only answer to crime. It is a belief that prisons are holiday camps which is felt by mainly those who have never been near a prison except what they have seen on films and through hearsay. They complain about all the privileges prisoners get.

Privileges have certainly increased since I was in prison in the 1980s and 1990s, but as was then, the more privileges, the more control staff had over inmates. When I was in prison in the 80s, we all had nothing so they couldn’t take anything from us except our dignity by making us use buckets instead of toilets and exploiting their ‘caged mentality’.

Things are much easier these days when it comes to basic human rights for inmates, but prison never has worked and probably never will.

Taken from Issue 16

Women in Prison Conference

Kelly

I was asked by Jo-Anne the manager of the Oasis project if on Tuesday 13th September 2011, I would like to attend a conference in London with her in reference to do with women in prison. Questions had been sent to women in prison, to be read out by members of the audience. I had been asked if I would read one.

Firstly I was so grateful to even be asked to go such an important event, I was thrilled and excited, then the nerves kicked in because I didn’t know what to expect. I knew there was going to be a panel there but I didn’t know exact numbers that were going to turn up. I have got a big mouth at the best of times and sometimes I never shut up, most of it waffle mind you but to speak out in front of so many people made me quite anxious and excited but all in a good way. I just looked forward to the day of the conference, still wondering what would be said, the sorts of things people could ask, say and even if I would have the courage to say anything, ask anything or even give a important response that I felt strongly about.

At the conference I was really surprised by the turn out, the people that attended obviously cared about what was going on in our criminal justice system and the fact that there were women in jail and maybe most them shouldn’t be. The lady that had organised the conference came over and gave me a little slip of paper with a question on it that she would like me to read out for one of the prisoners. The event was being recorded. My initial thought was I can’t do this if the whole nation is going to see it, what if I stutter or make a mistake or even forget what I was going to say, I started to panic just slightly so I studied the question that needed to be read out; at least if I remembered it I couldn’t go wrong.

The question was to Eoin McLennon Murray, head of the Prison Governors Association, who was on the panel, it read:
“Why does probation constantly over populate our prisons for breaching? If circumstances were taken into consideration sometimes the reasons should be valid and recognised. After all it costs over £53,000 to the tax player to put/keep someone in prison for a year.”

His reply was, that was a very good question that he strongly agreed with and said probation holds too much power when it comes to breaching. Some of the reasons that land women in jail should be explored a little deeper.

After listening to the other panellists’ and hearing one of the girls speak out about her life experience and working with the Oasis project, I suddenly had this burst of confidence. I put my hand straight back up and started reeling off my life story about my experience of being a heroin addict on and off for 12 years and the lack of support which I really needed at the time. The kids had been placed with my mum because I made one stupid mistake. The crimes I committed including, one which meant that I was up before different judges four times in nine months for shoplifting. Three of them had given me fines as punishments and on the other one they had given me an electronic tag for three months. Why they did that no-one knows not even my solicitor at the time, because my crimes were committed in the day, the tag curfew was for the evening so that made no sense whatsoever. No mental help or any help for my drug addiction was offered. The only thing the tag did was add fuel to fire and made me worse. Not once through my criminal proceedings did anyone mention a DRR (Drug Rehabilitation Requirement), it was a friend that told me about them. When I got arrested again and got put before the judge, I myself asked for DRR bearing in mind I hardly knew what one consisted of.

The point I wanted to get across in the conference was that these issues need to be talked about more in court, it won’t solve the problem but it will stop women with first time offences going to jail. Like one of the points discussed in the conference, there is a man on the street with nine GBH/Assaults on his criminal record and he still hasn’t been to jail.

The Judge’s reply, at the time was women shouldn’t be seen to commit this sort of offence, that’s why she went to jail, to teach her a lesson; where’s the justice in that?

There was another story that was talked about by one of the panellists and that was of a young lady that went to prison, her mum went in every week to visit her but the young woman was having a really bad time in prison and in the end she ended up committing suicide. A high number of female inmates self harm whist in jail. The mum visited her daughter’s grave everyday and in the end the mum ended up committing suicide as well, on her daughter’s grave. I think a lot of these situations can be prevented if the government put a little more time and money into the reasons why women are in jail and, if there is any way jail can be a very last resort.

There was another point I wanted to make at the conference but I got brain freeze and I forgot. On the street they say that if I went into rehab I would lose my flat. I think that’s unfair because for some of us that’s all we have left and to lose that would just be a massive knock down, because we could go into rehab and come back out to our own apartments instead of being placed in a hostel where its full of addicts and we’re likely to relapse.

Overall I’m glad I went to this conference, I learnt a great deal. I would support this, day in, day out. I’m a mum of two wonderful, intelligent children, I have had a drug problem ever since I understood what happened to me when I was 8 years old. I have made some mistakes and some very bad choices, but right now I’m trying my hardest to kick my addiction. This is the hardest thing I’ve ever done. I hope whatever situation I got in, a judge wouldn’t just throw me in jail, I would hope they would try everything going first. I do know one day I will kick this addiction and it will be for good so I will be good enough to get my kids back because when I’m good with my kids, I’m good.

Taken from Issue 17

An open letter to Chris Grayling from an ‘old lag’

Dear Mr Grayling,

I read with great interest your speech on Tuesday. As someone who has been to prison, and now recruits and trains mentors, I am doing the work you want to encourage. But I find your description of me as an ‘old lag’ offensive and ignorant, adding as it does to the prejudice and discrimination that people who have served a sentence have to endure.

As an educated man, I’m sure you’re aware of the importance of language and how negative language impacts on how people are treated. If you genuinely want people who have served sentences to become mentors then you first have to welcome them back into the community to reintegrate. Which means unlocking the doors of prejudice that are preventing people from getting work. However, the Rehabilitation (discrimination) of Offenders Act 1974 has meant that for 10 years I had to disclose that I had a record. As an honest person who always disclosed that meant no employer would take me on as they just saw me as an “old lag” or “ex-offender”.

 

Housing is another area which we also face discrimination. Recently I saw a room advertised and telephoned the landlord. We got talking and he asked me what I did as a job, I told him what I did and then he asked me how I got into it. When I told him that I had been to prison he told me he wouldn’t want me bringing my criminal friends back to his house. I told him my friends included a police officer and people of different faiths. He said he didn’t believe in faith and so wouldn’t want them coming back to his house either. Again this landlord just saw me as an “old lag” or “ex-offender”.

What makes a good mentor is the ability to empathise, showing unconditional love, compassion, kindness and a non-judgemental attitude. Not seeing a person as the worst thing they have ever done but actually seeing the gold in every person and shining a light on the good qualities they find difficult to see in themselves.

It’s not just me. Members of an online forum provided by the national charity for people with convictions have recently debated this issue. Unlock’s executive director Chris Bath told me, “Some people feel ‘ex-offender’ is a powerful statement of where they’ve been and proudly take ownership of the term. But most just want to be referred to in the same way as everyone else; Charlie the playwright, Karen the criminologist, Steve the fantastic dad.” Like me, Chris feels a change of language is critical if we are to tackle the life sentence of stigma attached to even a minor criminal record. He told me, “One service provider I spoke to recently referred to ‘PG9s’ – a reference to the Work Programme which separates claimants into programme groups. People used to talk about ‘blacks’ and ‘gays’ – it’s a dehumanising technique. If it is absolutely critical that we refer to the characteristic, we need to think in terms of people with convictions.”

If you have the time, the poem Please Hear What I’m not Saying by Charles C. Finn may help you better understand the issue facing the people you need on your side. www.poetrybycharlescfinn.com/pleasehear.html

Charlie Ryder

Taken from Issue 18

CRB + ISA = DBS

As many regular readers (and followers of Unlock on Twitter) will already know, on December 1st 2012 the Criminal Records Bureau was merged with the Independent Safeguarding Authority (ISA) to become the Disclosure & Barring Service. For some time now, Unlock has been working on detailed guidance on what was the CRB process, and as a result of the recent changes, this will be published at some point in early 2013.

However, in the meantime, we felt it was important to get to grips with the other part of the DBS process (i.e. what was the ISA), as well as the concept of ‘regulated activity’, which is the biggest area of roles/positions that are eligible for enhanced disclosures.

As a result, we’ve published three linked guides, (1) Barring – An Overview, (2) Regulated Activity, and (3) Barring – Representations, reviews and appeals. These are all available to download as PDFs from a new ‘Disclosure & Barring Service’ page of our Information Hub.

As always, if you’d like to send us any feedback you have on these publications, please leave us your feedback online here.

Taken from Issue 19

Convictions and Employment Law

Following a detailed piece of work for Unlock by a volunteer, we’ve recently published our first ever detailed guide on the issue of convictions and employment law. We’re hoping that it will help to inform people about where they stand with employers when it comes to their convictions, particularly with existing employers.

As it’s our first stab at this issue, we’re not expecting it to be the end of the matter. If anything, it’s only the start. However, we’d be grateful for people’s experiences on the information, whether they found it useful, and how it could be improved. It’s available to download as a PDF here.

You can leave your feedback here.

Is it spent now?

New guide on ROA changes published

Just before the Christmas holidays, we published a brief guide to the planned changes to the Rehabilitation of Offenders Act 1974, as enacted by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. It’s available to download as a PDF from the ROA page of our Information Hub.

Although the change to the law has been passed, it will not come into force until the necessary changes to process and systems are in place and the relevant provisions are ‘commenced’. This is expected to be spring 2013. However, in recent months we’ve been receiving more and more enquiries about what the changes will mean for specific situations, so as an interim measure we decided to publish this information. Nevertheless, please note that until the changes are ‘commenced’, the current ROA must be followed. Guidance on this is also available on the above page.

If you have found this information helpful (or not for that matter), please leave us your feedback online here.

Taken from Issue 19

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