One of the most common reasons people contact Unlock is to get help understanding their criminal record.
Callers often don’t know what is on their criminal record, or what or when they have to disclose about their past.
This is information that’s vital for our callers to know if they are going to move forward in their lives. But incredibly, it isn’t information that’s readily available, even to the person it concerns.
What is a criminal record?
In basic terms, a criminal record is the information recorded and held on the Police National Computer (PNC). Currently over 12 and a half million people in the UK have a criminal record on the PNC.
What gets recorded?
- Any offence where the maximum sentence would be custody. This is known as an imprisonable offence.
Your offence is still ‘recordable’ even if you don’t receive a prison sentence. In fact, in most cases people don’t receive prison sentences. - Any other conviction obtained in the same proceedings as a recordable offence will also be added to your record.
An example could be when someone is convicted of driving without insurance (a non-recordable offence) at the same time as being convicted of drink driving (a recordable offence). - Specific offences for which a custodial sentence could never be given, but are still recordable.
Identifying these specific offences
A wide range of offences are included. For example disorder at football matches and ticket touting, certain matters relating to weapons licensing, implications for blocking the implementation of the 2003 Licensing Act, as well as what is described as ‘persistent begging’.
Unfortunately, there is no easily accessible or up-to-date list of what these specific offences are.
The National Police Records (Recordable offences) Regulations 2000 does give details of these offences. However, this isn’t easily understandable unless you are comfortable reading and interpreting complex legislation.
A further complication is that this legislation has been amended numerous times since it was introduced in 2000. The legislation published online does not show these amendments directly. Rather, it is necessary look at the legislation and then navigate through ‘more resources’ to read the amendments. Someone would then, in effect, have to work out for themselves the impact of these amendments.
Clear information is vital
The complexity around recordable offences is unhelpful to people trying to understand their own criminal record.
A basic principle of justice is that people should understand the consequences of an offence. That is clearly not the case here, given the complexity of the issue and the intricacies of interpreting the legislation.
We know that a lack of public understanding of criminal records plays a significant role in the barriers people with criminal records face.
Firstly, if people don’t understand what they need to disclose, this can lead to them either under- or over-disclosing. If they under-disclose, a potential employer might see this as a sign of dishonesty. If they over-disclose, they might be rejected on the basis of information the employer should never had had.
Secondly, any organisation collecting criminal record data needs to be sure they only collect information they have a right to, in order to comply with data protection rules. Any confusion about what is recordable, and therefore part of someone’s criminal record, makes it more difficult for organisations.
In addition, if employers (for example) are making decisions on the basis of someone’s criminal record, understanding that record is key. Misconceptions about the seriousness of an offence can lead to people being rejected unnecessarily.
Therefore, anything that complicates general understanding of criminal records contributes to this type of exclusion.
There needs to be an up-to-date, easily accessible and easily understandable list of recordable offences. Unlock is calling on the Government to provide this to support people with criminal records in moving forwards in their lives.
Was my offence recordable?
To find out if your offence was recordable, a good first step is to submit a subject access request to see what is recorded about you on the PNC.
Additional information about you may also be held on the Police National Database and on local police records. This information, while not part of your criminal record, could have implications for what is disclosed on enhanced DBS checks. You can also submit a subject access request to your local police.
Reforming the ROA
Unlock is calling for a full review of the Rehabilitation of Offenders Act, the legislation that forms the basis of the criminal records system.
We need a modern system that is easy to navigate, relevant for the internet age and as fair and effective as when it was first introduced, fifty years ago.
Find out more: Reform the ROA: Rehabilitation of Offenders Act at 50
You can also email policy@unlock.org.uk.
Policy Officer Brendan works on policy and parliamentary issues, campaigning and advocating for systemic change.
Comments
Add CommentLeave a Reply
Learn more about this topic
Most popular articles from Unlock
Do you need help & support with an issue you’re facing?
We provide support and advice for people in England and Wales who need guidance with either their own, or someone else’s, criminal record.
Please use the search box to start typing your issue. If you cannot find an answer to your problem then you’ll be given options to contact us directly.
Popular advice
- Travelling to the US – Will I get a visa?
- Travelling to the UK
- Disclosing unspent convictions to existing insurers
- Overview of the DBS
- Information: Relationships, children and dealing with social services
- Becoming a childminder
- Information contained on UK passports
- What will be disclosed on a basic DBS check?
Awesome article. So very true. The legislative complexities are a huge hurdle to most people and even some law enforcement officials. The rehabilitation of offenders is also another consideration that needs review to ongoing disclosure issues to stop recidivism due to continued persecution for past mistakes instead of new reforms.