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For people with criminal records
For people with criminal records

Category: For specific groups

Pardons for historic gay convictions: a call for evidence

It is quite rare for any government to admit to some historic wrongdoing, and even more so to take some concrete efforts to tackle it. When the government announced that it would be creating a process for gay and bisexual men to have their certain convictions removed from the record, this was a unique opportunity to right many historic wrongs.

However, the reality hasn’t lived up to the potential. To gain a pardon, people have to apply for one, which hugely limits the scheme’s reach. Many eligible people don’t know the pardons exist, and the vast majority of men who were persecuted for being gay or bi are not willing to trust the government to handle cases privately and sensitively.

We want to hear from people who were prosecuted for historic gay offences and who have not yet applied for a pardon.

Click here to share your story.

What is eligible?

Only convictions under sections 12 and 13 of the Sexual Offences Act 1956 are eligible – “buggery” and “gross indecency” – and only if the charge would not be illegal under another law today. For example, charges for sexual activity in public cannot be pardoned because they would still be illegal, even though this kind of charge was historically used to persecute gay and bi men.

This means that there are only two types of convictions which can be pardoned. First; convictions which date from before 1967, and which were only brought because both partners were male. Second; convictions from after 1967 which occurred because the age of consent was different for gay and bi men. For both types, as long as both partners were over 16 at the time, and there was no other criminal behaviour, then you are eligible to apply first for a disregard and then a pardon.

“Disregards” were created in 2012, and allowed these two types of convictions to be removed from criminal record checks. Pardons were created in 2017, after Alan Turing was given a posthumous pardon for his homophobic convictions, and were then made available to all men with similar charges. The disregard has the real legal force and removes the conviction from public record, with a pardon more representing an apology from the British state.

Despite existing since 2012, only 483 people have successfully applied for a disregard, and even fewer for a pardon. The combination of strict eligibility criteria with the need to actively apply ensures that the numbers are much lower than the number of outstanding convictions.

It is difficult to know how many men with eligible convictions are still alive, but between 1967 and 2003 when the offences were abolished, there were 26,652 convictions for “Buggery” and 37,200 for “Gross Indecency”. About 30,000 of these convictions were prosecuted after 1980, so there are at least tens of thousands of men who could be pardoned who have not been.

Unlock are hoping to show that the process of disregards and pardons is unfair and discriminatory. While no more people can be prosecuted under the old laws, as long as the criminal records continue to exist, the old regime has not truly been abolished. Thousands of men still have to live with the fallout from a system which attacked them for their sexuality, and to escape that they are expected to apply to the same government which persecuted them.

About You

We want to hear from all men who could benefit from a disregard or a pardon, to hear about their challenges and experience of the criminal justice system. However, we are particularly keen to hear from men who have held off from seeking a pardon because of concerns about their privacy and their past being dredged up again.

  • You could be any age today, but are likely between 40 and 80.
  • You must have been convicted of an s.12 or s.13 offence before 2003.
  • You must be eligible for a disregard or pardon, so your conviction can only be for activity that is legal today and with a partner who was over 16 at the time.
  • You must have not yet applied for a disregard or pardon, because either you are afraid the process will involve your convictions becoming public, or because you are concerned the process will be insensitive and accusatory.

Get in touch

Click here to share your story. We want to hear about all experiences and points of view about pardons and disregards, both positive and negative. We understand that these kind of convictions can be difficult to talk about, but your input are critical to our efforts to improve the system and ensure as many people as possible benefit from it.

Your experiences will only be shared with your consent, and Unlock will never reveal your name or any other identifying details.

Read more

Unlock and Nottinghamshire Youth Justice Service collaborate on resource for young people with convictions

We are pleased to publish a new resource we’ve created in collaboration with Nottinghamshire Youth Justice Service. The booklet, produced for young people and the professionals supporting them, is designed to help a young person understand when they need to disclose their convictions, and how to do so.

Download the booklet

Christopher Stacey, Co-director of Unlock, said:

“We were delighted to partner with Nottinghamshire Youth Justice Service to develop this resource. It’s crucial that organisations supporting individuals with a criminal record have good understanding on if, what, when and how their clients will need to tell employers and others about their criminal record. We have delivered our ‘Advising with Conviction’ training to a range of youth offending teams and we were pleased to follow this up by producing this information booklet for the young people that Nottinghamshire Youth Justice Service work with.” 

Laura Moore from Nottinghamshire Youth Justice Service said: 

“The fair disclosure of any criminal convictions is paramount to individuals in order for them to successfully move on from their past. The rules can be very confusing, and we have found that, particularly for young people they have little confidence in disclosing the right information or challenging unfair judgements. By working with Unlock we have been able to jointly produce a comprehensive and accurate booklet for young people to give them all the information they need. They can choose to use it now or refer to it the future. It has also proved very useful in encouraging employers and educational organisations to consider their polices around people with criminal records.  Unlock have been a valued partner and source of training and support in this area of expertise.”

Find out more about Unlock’s training for professionals

Monthly update – November 2020

We’ve just published our update for November 2020.

This months update includes:

  1. New guidance explaining the rules on what is disclosed on (and removed from) standard and enhanced criminal record checks following changes to the filtering rules which came into effect on 28 November 2020.
  2. A personal story from Roger describing his experience of volunteering at Unlock.
  3. A link to a discussion on theForum from an individual wanting to find out whether his recent caution will affect his application for settled status.
  4. Details of the award given to Unlock by the Criminal Justice Alliance for ‘Outstanding National Organisation’.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record.

Read the November 2020 update in full.

Best wishes,

Unlock

Notes

A momentous day for tens of thousands of people with old and minor criminal records

Today is a momentous day for tens of thousands of people with old and minor criminal records. 

The stigma and embarrassment of a criminal record means many people simply don’t apply for jobs or voluntary roles that would require them to disclose their old and minor convictions or cautions. It’s a toxic form of punishment to keep punishing people forever and far too people many are unnecessarily anchored to their past as a result.  

That’s why today is such a big day. Changes to the law have come into effect, meaning tens of thousands of people every year will no longer have their old and minor criminal records show up when they apply for jobs or voluntary roles that involve standard or enhanced DBS checks . 

There are two main changes to what convictions and cautions are removed from standard and enhanced DBS checks. These are referred to as the filtering rules. 

The first change is that childhood cautions will no longer be automatically disclosed. Up until now, about 25,000 childhood cautions were disclosed every year, so this change will help thousands of people move on from minor things they did when they were a child.  

The second change is that a so-called ‘multiple conviction rule’ is being abolished. This arbitrary rule had meant that people with more than one conviction on their record had them all disclosed, no matter what the offences were, and no matter how long ago they were, simply because there was more than one. From the experience of Unlock’s helpline, we know this rule had meant that lots of people with minor convictions from decades ago were still finding them showing up on their check. According to Home Office data, these changes will mean around 45,000 people a year will now have a clear standard or enhanced DBS check. But this estimate is based on people that had previously applied for checks – and given we know many people are simply put off applying through fear and embarrassment, the number that will benefit from these changes will be even higher still.  

How we got here

It’s been a long road to get to this point. I was part of an independent panel that was set up back in 2010 to advise the Home Secretary on this issue, and the system of filtering that was brought in in 2013 made a difference to a lot of people, but we could see that there were problems, which is why we set about advocating for further change. When it was clear the government were resisting that, it took a number of legal challenges to get them to listen. 

And being honest, it is hard to give the government much credit for bringing forward these changes. They have contested the legal cases all the way up to the Supreme Court, the highest court in the land. Unlock supported those various legal challenges, and formally intervened in the Supreme Court for the first time in our history, because of the significance of the case. The result was a landmark ruling against the government. Even then, it’s taken the government nearly two years to get to this point of actually making the changes.  

But we are where we are, and I’m genuinely delighted for the thousands of people that have been in contact with us over the years waiting for changes like this to happen. It’s difficult to do justice to the struggles, shame and stigma that they have felt. Finally, today is the day when that injustice ends and many thousands of people will be free of the stigma of their past. For every one of you that benefits from today’s changes, I want to thank you for all of the support you have given to Unlock’s work on this over the years.  

Unlock’s guidance for individuals and employers

The changes being made today are actually quite simple, but the rules around what gets disclosed on checks are still quite complicated, so it’s important that you find out what these changes mean for you. We’ve been busy working on updating our guidance for individuals and employers, and that is all available from this page of our website. You can:

The need for further reform

But there’s still a lot more to do. Despite today’s changes, we are still left with a criminal records system where many people with old and minor criminal records are shut out of jobs that they are qualified to do because of a mistake they made years ago. For example, Unlock research found that over a five year period, 380,000 checks contained childhood convictions, with nearly 3,000 checks including convictions from children aged just ten. Many of these childhood convictions will continue to be disclosed forever, despite today’s changes.  

At a time when we’re facing significant economic uncertainty, people with criminal records are finding it harder than ever to find work. The government must commit to a wider review of the criminal records disclosure system to ensure all law-abiding people with criminal records are able to move on into employment and contribute to our economic recovery. 

That’s why Unlock is continuing to call for a root and branch review of the criminal records system to reduce the length of time a record is revealed. Everyone should have the opportunity to achieve their potential and make a positive contribution to society. Everyone deserves the chance to build a good life. The #FairChecks site is a crucial way for you to show your MP that you support reform of the criminal record disclosure system. 

 

 

Government announces date when planned changes to criminal record disclosure rules will take effect

The government has today confirmed that planned changes to the rules on filtering will come into effect on Saturday 28 November. After years of campaigning for change, and after many months of holding the government to account on the implementation of the changes, the news was confirmed in a letter to Unlock from the Home Office yesterday.

The changes are simple; for jobs and voluntary roles that involve a standard or enhanced criminal record check issued by the Disclosure and Barring Service, childhood cautions will no longer be disclosed, and a rule that meant someone with more than one conviction had all their convictions disclosed, regardless of offence or length of time, has been abolished. For people who have been held back from employment and volunteering to help others because of mistakes they made years ago, the impact will be life changing.  

According to Home Office data, these changes will mean around 45,000 people a year will now have a clear standard or enhanced DBS check. One in five people who under the old rules would have had their criminal records disclosed, will now have a clear certificate. Clearly this shows that we still have a long way to go; we hope to see further reforms that allow more people to leave their past behind. 

These changes come as a result of a Supreme Court ruling in January 2019. Unlock intervened in that vital case because we know thousands of people are unnecessarily anchored to their past due to an arbitrary regime which forces the disclosure of old and irrelevant information. Until now, about 25,000 childhood cautions were disclosed in criminal record checks every year, most of which were for incidents that happened over five years ago. These changes will end the disclosure of childhood cautions.  

Christopher Stacey, Co-director of Unlock, said: 

“It shouldn’t have needed individuals to bring legal challenges against the government, who fought the case all the way to the highest court in the land, but I am proud that Unlock played a crucial role over the last seven years, working with other charities, to make sure this moment came. The changes coming in on 28 November are a crucial first step towards achieving a fair system that takes a more balanced approach towards disclosing criminal records.  

“However, we are still left with a criminal records system where many people with old and minor criminal records are shut out of jobs that they are qualified to do. We found that over a five year period, 380,000 checks contained childhood convictions, with 2,795 checks including convictions from children aged just ten. Many of these childhood convictions will continue to be disclosed despite these changes. Reviews by the Law Commission, Justice Select Committee, former Chair of the Youth Justice Board Charlie Taylor and David Lammy MP have all stressed the need to look at the wider disclosure system. The government’s plan for jobs should include a wider review of the criminal records disclosure system to ensure all law-abiding people with criminal records are able to move on into employment and contribute to our economic recovery.”  

Sam Grant, Policy and Campaigns Manager at Liberty, said:

“We all want a criminal justice system that treats us with humanity, and allows people to move on from mistakes. For too long a blunt and bureaucratic system has meant that if you made mistakes in your past, you were prevented from moving on.

“The Government had to be taken to the highest court, then took nearly two years to accept it had lost, but this injustice will finally be fixed. This case shows that through bravery and persistence a few individuals can use our legal system to stand up to power and obtain justice that will help countless people in similar situations.”

Jennifer Twite, Head of Strategic Litigation at Just for Kids Law, said:

“Every year, about 25,000 youth cautions are disclosed in criminal record checks, most of which are for incidents that happened over five years ago. This new legislation will help to ensure that no child who is given a caution ends up with a lifelong criminal record that robs them of the chance to get their lives back on track.”

It is important that both individuals with a criminal record and employers understand the impact of these changes. That’s why we’ll be publishing updated guidance for both individuals and employers. 

Monthly update – October 2020

We’ve just published our update for October 2020.

This months update includes:

  1. New information about the EU Settlement Scheme for applicants with a criminal record.
  2. An advice post on travelling to the EU after 1 January 2021.
  3. A personal story from James setting out his experiences of applying to university with a criminal record.
  4. A link to a discussion on theForum around sentencing and whether sentences are considered fair and just.
  5. A link to our autumn 2020 newsletter which provides an update on the news at Unlock in the last 3 months.
  6. Details of our next criminal records webinar on Wednesday 2 December 2020.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record.

Read the October 2020 update in full.

Best wishes,

Unlock

Notes

Criminal records webinar Wednesday 2 December

Do you deal with criminal records in your work? You might be helping people with convictions who are applying for jobs, or working in recruitment/HR and making hiring decisions or carrying out DBS checks.  

If any of these apply to you, book a place and join us on Wednesday 2 December for our webinar on understanding the Rehabilitation of Offenders Act and the disclosure of criminal records. 

The criminal records system in England and Wales is complex and often confusing. There are over 11 million people with a criminal record. The Rehabilitation of Offenders Act is a piece of legislation that sets out when convictions become ‘spent’, and it’s important to know the difference between unspent and spent convictions and when they need to be disclosed.  


When and where? 

Wednesday 2 December, 2-4pm, Online
(Please join at 1.45pm to begin promptly at 2pm – thank you) 

Price: £49 (if booked before 1 November, normal price £59) 

Price includes a course pack with materials and useful resources which will be sent to you before the webinar. 

Places are limited, so book now to guarantee your place. If you wish to be notified on any future webinars, please email admin@unlockorg.uk 

Who is it for? 

The webinar is aimed at anyone who deals with criminal records in their work. You might be helping people with convictions who are applying for jobs, or you might be working in recruitment/HR and making hiring decisions or carrying on DBS checks. 

What it will cover

  • The levels of DBS criminal record check and what they disclose 
  • How individuals can find out about their criminal record 
  • The Rehabilitation of Offenders Act 1974 and spent convictions 
  • The ‘filtering’ rules and protected cautions/convictions 
  • Good practice in asking about criminal records for employment and volunteering 

To find out more and to book, visit our Eventbrite page. 

Footer 

If you have any questions, email admin@unlock.org.uk. 

This webinar is part of the training that we provide. 

A smarter approach to criminal records?

On the 16th September the Ministry of Justice (MoJ) published it’s much anticipated white paper “A Smarter Approach To Sentencing”. It is a mixed bag, offering  ‘tough on crime’ sentencing measures along with some more positive reforms to criminal record disclosure periods.    

The MoJ says that they want to improve employment prospects for people with convictions, and so reduce reoffending, which sounds great. Given that they have also announced some positive changes you could be forgiven for thinking that reducing disclosure periods might actually ensure better access to employment. Unfortunately it’s a bit more complicated than that. 

Seen in a vacuum the proposals are somewhat progressive. A significant number of people, 15,000 per year, would see their convictions become spent more quickly, and no longer have to disclose them for most jobs. Many other people who have been living with an unspent criminal record for decades would finally be able to move on, as the proposed changes would enable some sentences over four years to become spent. That’s a strong start.  

Here are what the proposed disclosure periods look like in more detail:

 


 

 

 

 

 

 

 

There are three things that really jump out.   

Firstly, some sentences over four years would have the opportunity to become spent. The asterisks are quite significant, with most violent, sexual and terrorist offences excluded, which means only about 30% of longer sentences are eligible. But in spite of this, it would still be a big change. At the last review in 2014, even this limited version seemed impossible. 

Secondly, disclosure periods would be generally shortened, which would reduce the period people face discrimination for. This is certainly better than nothing, but the periods are still quite long even compared to other proposals from within Parliament. Lord Ramsbotham’s 2017 bill proposed cutting four year periods to two years, for example, but the MoJ has chosen to ignore this despite cross–party support.  

Finally; the shortest period of disclosures would cover sentences under 12 months, instead of only six months. This is in line with the changes we saw in Scotland, with all magistrates sentences being spent at the same rate . This would result in far fewer cases where the differences between regions and judges leads to a major difference in disclosure length.  

To put these changes into perspective; MoJ figures show 7,980 people were given sentences between six months and one year in 2019/20. At present they have to disclose their convictions for four years; under these proposals they would only have to disclose for one year. Around 7,500 people receive sentences of over 30 months each year, and they would only disclose for four years instead of seven after these changes. 

However, while shortened disclosure periods will certainly help thousands of people get their lives back on track, the white paper still seems to have missed the point. The proposals are a general relaxation, but they do little to actually improve employment prospects.  

The critical time for employment is at the beginning of the disclosure period, not the end. Finding the first job is the hardest part, when discrimination is most felt. Reducing the period of discrimination is positive, but the discrimination is still there and will still hold people back. Even while the MoJ is making the right argument about employment, they don’t offer proposals to tackle this core issue. 

This can be seen in other places, especially in the rationale given for preventing most longer sentences becoming spent. The white paper justifies shortened disclosure periods by arguing that employment reduces reoffending. We completely agree, and the evidence backs this up. But a few paragraphs later, the paper says lifelong disclosure, and lifelong discrimination, is justified because reoffending would be particularly harmful. Surely if reoffending would be so bad it is even more important to do everything we can to reduce it, including improved access to employment? 

People with more serious convictions face more serious discrimination, and for longer. The MoJ knows this is a big factor in reoffending, but they are not doing anything to change it. Most alarmingly, by continuing with lifelong disclosure the MoJ is signalling that many thousands of people cannot be rehabilitated and always present a risk to the public, even after 40 or 50 years. 

In the end, while this paper says all the right things about employment and reoffending, the MoJ are content to leave the old system intact and not consider a genuinely new approach. They argue that discrimination is severe and needs to be addressed; but their proposals are only for less discrimination for some, and they don’t consider the possibility of zero discrimination. 

Of course, Unlock will be pushing for any change that helps people with convictions, even small ones. Better is still better. But our real goal over the coming year or two as the paper moves forward is to push the Government to be bolder and less restricted in their thinking, and to deliver a criminal records system that works for everyone.  

Written by Sam Doohan, Unlock Policy Officer

 

Read more:

 

Monthly update – September 2020

We’ve just published our update for September 2020.

This months update includes:

  1. An update to our A-Z of job roles and their eligibility for basic, standard and enhanced criminal record checks.
  2. A personal story from an individual who has been accepted onto a university course to study digital forensics following a conviction for assault.
  3. A link to a discussion on theForum from an individual sharing his experience of a whistle-blower disclosing his spent conviction to his employer.
  4. Unlocks response to the Ministry of Justice plans to make reforms to the Rehabilitation of Offenders Act 1974.
  5. A link to a report published by Unlock and the Prison Reform Trust exploring employers attitudes towards hiring people convicted of sexual offences.

 

The full update provides a summary of:

  1. the latest updates to our self-help information site for people with convictions
  2. recent posts to our online magazine, theRecord
  3. discussions on our online forum
  4. other news and developments that might be of interest to individuals with a criminal record.

Read the September 2020 update in full.

Best wishes,

Unlock

Notes

Some examples of people we’ve helped

Looking back over the last couple of months, we’ve written up a few examples of the people we’ve helped.

We hope they give a good idea of how we help people.

However, more importantly than our role, we think that these examples show how people with convictions are able to overcome some of the barriers that have been put in their way due to their criminal record.

We’ve posted the examples below as case studies in the support section of our website:

 

 

Bernie – The help I received from Unlock enabled me to work again

Ian – Unlock provided me with information and advice and introduced me to another business start up

Ulrik – Applying for a degree in medicine doesn’t mean universities are exempt from disclosure laws

Zara – People with a criminal record don’t always remember the details of their convictions: self-disclosure almost cost me my job

 

 

 

 

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