Disclosure of Youth Criminal Records

Debate between Robert Neill and Lisa Cameron

Thursday 28th March 2019 Westminster Hall

[Robert Neill]

Absolutely. Because it is blunt, employers and insurers will inevitably take the risk-averse approach. I do not entirely blame them for doing that; the system does not help them to be proportionate and more careful in their judgment than would otherwise have been the case. We also concluded that there is clear evidence of particular impacts on black and minority ethnic children and those who came through the care system, as I think my hon. Friend the Member for Cheltenham hinted.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

The hon. Gentleman is making extremely good points. This is a thorough and excellent report on changing things for young people in the justice system. He mentioned young people in the justice and care systems. Does he agree that many issues arising at that time in a young person’s life are almost a cry for help because of adverse childhood experiences, particularly trauma? We need to do more within the system on help and remediation rather than directly on punishment.

[Robert Neill]

That, too, is a fair point. Certainly my experience as a lawyer representing people coming through the system was that there were instances of serious behaviour that had to be punished, but very often—this was particularly the case with younger offenders—offenders are also victims of other offending and there are underlying causes that too blunt an approach, such as that which we have, does not help.

We made a number of recommendations. Rehabilitation periods under the 1974 Act should be reduced. There should be an urgent review of the filtering regime, for the reasons we have set out. There should be a presumption against disclosure of so-called non-conviction intelligence, which is held on the police national database. That is legitimate for intelligence purposes, but there should not be arbitrary disclosure of it in the way that happens at the moment, particularly where the allegations on the database were made during someone’s childhood. Individuals should have a right to apply for a review prior to disclosure of their criminal record. That exists in Scotland and Northern Ireland, but not in England and Wales, and we see no reason for that distinction.

The Ban the Box approach, which has been pioneered under recent Governments and is used by some employers, delays the point at which a job applicant discloses criminal records to a prospective employer. That is sensible because it allows the employer, first, to look at the application on its merits and then, if disclosure is appropriate, to see whether the conviction makes any difference to the person’s employability.