Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 (Amendment) (England and Wales) Order 2020

Baroness Sater Excerpts

Thursday 10th September 2020 Lords Chamber

[Baroness Sater (Con) [V]]

My Lords, I am grateful to be able to speak in this short debate. I welcome these orders, which would amend the filtering rules that govern what is automatically disclosed through the standard and enhanced criminal record certificates issued by the DBS. Removing the automatic disclosure of youth cautions, reprimands and warnings, as well as the multiple conviction rule, will help to strike the right balance between rehabilitating offenders and protecting the public.

I have been a keen advocate of reform around childhood criminal records, and here today we see real progress towards greater support for improving outcomes of those with minor criminal records and their future in society. Making errors of judgment in childhood should not prevent those who are trying to turn their lives around leading a fulfilling and rewarding life and contributing positively to their community.

My time as a youth magistrate and a member of the Youth Justice Board gave me a real insight into the debilitating effects of minor criminal records that hung over young people who were trying to put the past behind them and get on with their lives. Too often, the current disclosure system acts as a barrier to employment, as well as to other things, such as housing, education and insurance, which in turn minimises the chances of rehabilitation.

We know that employers use DBS certificates as part of their recruitment process to help them consider a person’s suitability for certain roles, particularly those requiring a high degree of public trust. We also know that securing a good job can notably increase the possibility of desistance. It is therefore very welcome that these changes will particularly benefit those with childhood cautions and those with minor offences who have moved on from their past. Too often, you hear from young people who seem resigned to the fact that because they have a criminal record, they have zero chance of securing a job and getting on with their lives.

It is right, however, that convictions and adult cautions for offences specified on a list of serious offences, and which received a custodial sentence, are recent or unspent, will continue to be disclosed. Additionally, enhanced criminal record certificates may also include any information that a chief officer of police reasonably believes to be relevant and, in their opinion, ought to be included.

I am grateful to the safeguarding Minister in the other place, Victoria Atkins, for bringing this new legislation forward. I agree with her that making these changes will help to ensure that vulnerable people are protected from dangerous offenders, while at the same time ensuring that those who have turned their lives around or live with the stigma of past convictions from their childhood are not held back. These changes build on the Government’s commitment to increase employment for ex-offenders and are a very welcome step. I believe that a wider review of criminal records would highlight further improvements that could be made to deliver better outcomes, but that is not for now.