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For people with criminal records
For people with criminal records

Category: News & Media

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

Unlock responds to the Ministry of Justice sentencing white paper

Unlock have today published our full response to the government’s recent white paper proposing amendments to the Rehabilitation of Offenders Act.

Read our full response here

After many years of campaigning for real reforms, the MoJ white paper is a frustrating read both for Unlock and for anyone who is concerned about criminal records.

The white paper does propose that disclosure periods should generally be reduced, and Unlock certainly support these measures. We also support the MoJ’s goal to improve employment prospects and reduce discrimination.

However, we believe that the proposed changes are fundamentally limited. They do not even apply to everyone who has served a custodial sentence, let alone the hundreds of thousands each year who are given a fine.

Most importantly, the proposals do not consider whether criminal records disclosure is actually a useful approach, or whether it offers any positive sides at all. The MoJ just assume that disclosure does something of value and only set out to make small adjustments without asking if a wholly different approach would deliver better results.

In 2012, the government of the day looked at criminal record disclosure and promised “radical” reforms in their “Breaking the cycle” white paper, but they did not make any structural changes and as a result the gains never materialized. Today’s MoJ are making the same mistakes; tweaking the numbers instead of looking at deeper issues.

Unlock does believe that the reductions to spending periods will be positive, but we also believe that this alone is not enough to make a real difference. As long as all people with criminal records are required to disclose their convictions once they have served their sentence, there will always be a substantial level of discrimination. Shortening the length of discrimination is positive, but all people who receive a criminal record will still suffer from it.

In our response, Unlock urge the MoJ to consider a more substantial package of reforms which will enable people with criminal records to live a normal life after they have served their sentence.

Unlock also encourage all of our supporters to contact their MP and the MoJ and put the case for more significant change. It is critical that this opportunity for change does not fall victim to a lack of vision and ambition. This may well be a once in a generation opportunity to make real change to the ROA, and it is critical that we push for as much change as possible.

Unlock want to hear from anyone that the MoJ have excluded from their changes – particularly those who’s convictions will still never become spent. Click here to tell us your story, and help us build the case for reform.

Read our other posts about the white paper

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. 

 

 

Unlock wins ‘outstanding national organisation’ at CJA Awards

Last night we were delighted to win the award for ‘Outstanding National Organisation’ at the Criminal Justice Alliance awards. 

The online awards ceremony celebrated the amazing work of inspiring individuals and organisations working across the criminal justice system, in what has been a particularly challenging year. It was an honour for Unlock to even be nominated alongside such dedicated people doing incredible and essential work. You can find out about all the nominees in the awards brochure. 

This award comes towards the end of what has been a big year at Unlock, and recognises some achievements we’re really proud of. These include hard won changes to the DBS ‘filtering’ system which take effect this weekend, the launch of the #FairChecks movement and 18 trailblazing universities signing up to our ‘Fair Chance for Students with Convictions’ pledge.  

We’re really proud of our small but ambitious team of staff and volunteers who have risen to every challenge during the pandemic, and whose dedication and hard work has made these achievements possible.  

A common theme across the speeches during the awards ceremony was giving power and a voice to those who are often unheard, which we will continue to strive to do. Accepting our award, Unlock Co-director Christopher Stacey said: 

“I want to thank our amazing staff team, our volunteers, our trustees, our funders – but most importantly, the people with criminal records that help us do the work that we need to do, which is to fight for them and to remove the stigma that they face.”

The judges said:

“Unlock is doing fantastic work for the rehabilitation of offenders. Their work is clearly changing lives. It enables people to move on with their lives and reintegrate into society. The legal changes they have influenced will help so many people gain employment and will ultimately help to prevent reoffending.

“Unlock are a charity set up by people with lived experience of prisons. They have campaigned for many years for a fairer system of criminal record disclosure, aiming to give people a better chance to change their lives. Their careful and determined actions through legal and political avenues are now paying dividends. They have laid a path that is leading to a fairer deal for people with past criminal convictions.”

You can watch our award announcement below, and catch up on the whole ceremony on the CJA’s YouTube channel.

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

Settled status – New information on what you need to know if you are an EU citizen and have a criminal record

The EU Settlement Scheme protects the rights EU/EEA citizens and their family members currently have in the UK, through the process of applying for settled or pre-settled status. 

As part of the applications process, there are questions about criminal records and checks are carried out by the Home Office. 

It is difficult to give clear information on how the Home Office will treat applications from people with criminal records. We do not know how the Home Office is applying its own guidance so this information cannot tell you categorically what to expect, although the Home Office appears to be taking a very long time to make decisions in many applications from people with criminal records. 

The vast majority of applicants with a criminal record should find their criminal record is not a barrier to settled or pre-settled status. That said, you may still be refused settled or pre-settled status because of the suitability criteria. 

That’s why today we have published information about the EU Settlement Scheme for applicants with a criminal record, as well as details of organisations that can provide specialist advice. You can read the information online.  

What you need to know about applying for settled status

  • Having a criminal record should not put you off applying 
  • It’s important to apply as soon as you can. The deadline is 30 June 2021, but you should apply as soon as possible 
  • If you have lived in the UK for five years or more and have no unspent convictions, it is unlikely that your criminal record will be a barrier 
  • If you have unspent convictions, or you have a criminal record and have lived in the UK for less than five years, you should get specialist advice. 

We’ve also published a one-page summary which can be downloaded as a PDF – which organisations providing advice to individuals can use as a way of raising awareness amongst those who need to apply and might be concerned about their criminal record.  

We’re continuing our work on settled status, to help secure the rights of EU nationals to settled status in the UK by ensuring that a criminal record does not unfairly exclude them.  

More information

  1. The information is available to read on our information site. 
  2. There is a one-page summary which can be downloaded as a PDF.  
  3. You can find out more about our work on settled status.   

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