Today we’ve written to the Secondary Legislation Scrutiny Committee to raise our concerns with the Order which sets out how the DBS filtering process will work.
You can download the letter to read the details of our concerns.
Tag: wipetheslateclean
Filtering process for old/minor convictions put forward by Government
Unlock, the national charity for people with convictions, has today welcomed Government proposals which, if introduced, would mean that some old and minor cautions and convictions will no longer be disclosed on standard and enhanced level criminal record checks, carried out for employers by the Disclosure & Barring Service (DBS).
In January 2013, the Court of Appeal found that the current system of disclosing all convictions, cautions, reprimands and warnings, no matter how old or minor, was not compatible with Article 8 of the Human Rights Act (the right to a private and family life). The Government has filed an application for permission to appeal against this ruling, so for the time being the system stays unchanged. But, in response to the judgement itself, the Government has put forward a filtering process. The changes would not come into force until after the legislation has completed its passage through Parliament.
For adults with a conviction, it would not be disclosed if (a) the conviction was more than 11 years ago, (b) it is the only conviction on record, and (b) it did not result in a prison sentence. Serious violent and sexual offences would continue to be disclosed. For adults with cautions, they will not be disclosed if (a) the caution was more than 6 years ago and (b) it is not in the list of serious violent and sexual offences. For people under 18 at the time, the periods would be 5 and half years for a conviction, and 2 years for cautions.
Christopher Stacey, Unlock’s Director of Services, who advised the Government in 2011 as part of an expert panel set up by the Home Office to look at this issue, said, “Since 2002, more and more employers have been using standard and enhanced level checks as a reason for not employing people with old and minor offences on their record. The current system discloses minor cautions and convictions until a person’s 100th birthday, and our peer-helpline regularly deals with people whose minor convictions from, in many cases, more than 20 years ago stop them from getting work in the profession they’re qualified and experienced in. In 2011, we provided the Government with clear proposals on how a filtering system could work. Although today’s proposals don’t go as far as we would like, the acceptance that there should in fact be a more balanced approach to disclosing convictions is an important step forward, and we hope that this system can be introduced as soon as possible.”
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Court of Appeal rules on CRB checks
Linked to our press release on the recent Court of Appeal decision around CRB checks, we’ve given radio interviews to Radio 5 Live and BBC Radio Wales.
Both are these can be listened to below.
Senior judge says government must ‘pull it’s finger out’ on criminal record checks
- New Court of Appeal ruling could mean a change for 9.2 million Britons with criminal records
- Master of the Rolls, Lord Dyson, said today that the Government should “pull its finger out” to reform the system
- Ruling adds further pressure after recent ruling in separate case in the European Court of Human Rights
Unlock, the charity for people with convictions, has welcomed Lord Dyson’s remarks which support their continued call for changes to how the UK treats criminal record information. At a hearing at the Court of Appeal today the Master of the Rolls, Lord Dyson, said that the Government should “pull its finger out” to reform the system until recently known as CRB checks.
The Court of Appeal has found that the current system of disclosing all convictions, cautions, reprimands and warnings, no matter how old, minor or irrelevant, is not compatible with Article 8 of the Human Rights Act- the right to a private and family life. Criminal record checks, provided in England by the Disclosure and Barring Service, are available to employers recruiting for certain roles and are also used by educational establishments.
Chris Bath, Unlock’s executive director said, “Under the current system, even the most minor childhood convictions are kept on record until a person’s 100th birthday. They will always be disclosed on a criminal records check. Evidence from our helpline for people with convictions shows that this is forcing people onto benefits. There will be no ‘rehabilitation revolution’ until people have a real opportunity to leave crime behind.”
The case in the Court of Appeal involved a man who had received police warnings at the age of 11. The information was disclosed when seeking a job as a 17 year old and later when he applied for university. The case highlights the long term effects of criminal record, even those gained as a child. It has parallels with the experience of former Police & Crime candidate Bob Ashford, who was forced to stand down due to having received a fine of £2 and 10 Shillings as a 13 year old in 1966 and later launched the ‘Wipe the Slate Clean’ campaign with support from charities including user Voice and Unlock.
Figures obtained by Unlock show the scale of the issue. There are now 9.2 million in the UK with criminal records on the Police National Computer, with one in three men having a criminal conviction by the age of 53. 26% of the 4.9 million open claims for benefit are made by people who have gained a conviction in the last 10 years.
Combined with the European Court of Human Rights’ recent condemnation of the lack of scope for discretion in the UK’s criminal records disclosure system, the Court of Appeal’s decision could have significant implications on the criminal record disclosure system.
The Government has made positive changes to the Rehabilitation of Offenders Act 1974 which will come into force in Spring 2013. These will reduce the periods that many people have to disclose their convictions for some jobs. However, jobs for which a criminal record check is conducted will continue to bypass this legislation.
Unlock representative Christopher Stacey, who was a member of the government’s Independent Advisory Panel on Disclosure of Criminal Records, said, “In 2011 Unlock provided the Government with clear proposals on how a system of filtering old and minor convictions could work. We now look forward to reforms that give the millions of people with convictions a fair opportunity to provide for themselves and their families.”
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CRB’s and second chances
As part of of the ongoing Court of Appeal case about CRB checks, we’ve written an article for thejusticegap.com.
You can read the article here.
Coalition must stop minor criminal records ‘forcing people onto benefits’
- Wipetheslateclean campaign launched by former PCC candidate forced to step down due to conviction
- New European Court ruling could mean a change for UK criminal record disclosure
Unlock, a charity set up by people with convictions, is calling for changes to how the UK treats criminal record information.
As the polls open for the new Police and Crime Commissioners, the charity is backing a campaign led by former candidate Bob Ashford, who was forced to stand down due to having received a fine of £2 and 10 Shillings as a 13 year old in 1966.
The ‘wipe the slate clean’ campaign aims to highlight how criminal records blight entire lives. It asks whether every criminal conviction should be, in effect, a life sentence. It is also seeking a specific change in the PCC legislation so that candidates have to meet the same criminal records standards as MPs.
Bob Ashford said, “Young people and adults who have committed offences should not be damaged throughout their lives by a criminal record. Having accepted responsibility for their actions, they should be allowed to fulfil their potential and play a full and productive part in society. It’s a social and economic tragedy that we spend billions each year on criminal justice but then prevent people who turn their lives around from working and paying taxes.”
The campaign is launched as the European Court of Human Rights condemned the lack of scope for discretion in the UK’s criminal records disclosure system.
Government figures obtained by Unlock show the scale of the issue. There are now 9.2 million in the UK with criminal records on the Police National Computer, with one in three men having a criminal conviction by the age of 53. 26% of the 4.9 million open claims for benefit are made by people who have gained a conviction in the last 10 years.
Chris Bath, Unlock’s executive director said, “Under the current system, even the most minor childhood convictions are kept on record until a person’s 100th birthday. They will always be disclosed on a CRB (Criminal Records Bureau) check. Evidence from our helpline for people with convictions shows that this is forcing people onto benefits. A change would benefit the tax-payer by reducing crime, increasing tax take and reducing benefits claims.”
Changes to the Rehabilitation of Offenders Act 1974,will come into force in Spring 2013. These will reduce the periods that many people have to disclose their convictions for some jobs. However, jobs for which a CRB check is conducted will continue to bypass this legislation.
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The impact of CRB checks on people
We discuss on BBC Radio Essex about the problems that CRB checks cause people with convictions, and how the system should be improved. You can listen to the piece below.
Should minor convictions be wiped from the record?
We contributed to a BBC Radio Wales discussion about minor convictions on police records. You can listen to it below.
Should minor convictions be removed from police records?
We contributed to a BBC Radio 5 Live discussion about where minor convictions relating to offences committed as a child should be wiped from the records?
