Police Cautions (Young People)

Rehman Chishti Excerpts

Wednesday 17th April 2013 Westminster Hall

[Steve Brine]

I very much agree. We are often talking about people who come from disadvantaged backgrounds. As a country, we are crazy to hold them down, as we do in some cases. They need support, not perpetual criminalisation.

Although not entirely down to the actions of our Committee—it would have been a swift move by the Minister if so—I am pleased that the Government plan to lay before Parliament a statutory instrument to amend the exceptions to the Rehabilitation of Offenders Act 1974, so that some spent convictions and cautions do not have to be disclosed and cannot be taken into account in employment decisions. Nevertheless, that development still leaves us with several questions.

On 29 January this year, the Court of Appeal ruled that the system of Criminal Records Bureau checks constituted a breach of article 8 of the European convention on human rights and of the Human Rights Act 1998, and that requiring the disclosure of all convictions and cautions relating to recordable offences is disproportionate to the aim of protecting children and vulnerable adults. Why, therefore, did the Government feel the need to seek leave to appeal to the Supreme Court?

The statutory instrument that the Government will lay before Parliament will help my constituent and many others, so I welcome it. It is proposed that cautions and equivalents administered to a young offender will not be subject to disclosure after two years, and that a conviction received as a young offender resulting in a non-custodial sentence will not be subject to disclosure after five and a half years. May I press the Minister, however, to implement the measure as quickly as possible? How long will it be before the order is laid before the House? Will he confirm that any changes will be applied retrospectively?

Finally, my constituent highlighted two other important issues, which concern other Members as well. First, on the role of local constabularies in removing or retaining a caution on a young person’s record, my constituent contacted Hampshire constabulary in the hope that it might be able to remove the caution from her record, but she was told that nothing could be done in that regard. However, in certain circumstances, do not chief constables have the discretion to prevent the disclosure of cautions? Where does the truth lie?

[Rehman Chishti (Gillingham and Rainham) (Con)]

I congratulate my hon. Friend on securing this important debate and the work that he does on these issues. He is talking about certain constabularies approaching the matter in certain ways. I understand that the Government have piloted initiatives to examine dealing with cautions in a different way, as he has discussed. Has he made any assessment of how effective the pilot scheme has been so far?

[Steve Brine]

No, is the honest answer, but I am aware of the pilot, so perhaps the Minister will be kind enough to refer to it. I am grateful for that point, made by a fellow member of the Justice Committee.

Other people want to get in to speak and we want to give the Minister time to respond, so I shall draw to a close. To make the second point, there is no requirement to consent to receiving a police caution for young people. Many of them do not appreciate the impact that a criminal record will have on their life and career prospects, which means that they can be burdened with a record without fully understanding the consequences. Can more be done, therefore, to ensure that young people are aware of the consequences of receiving a caution, which is more than just a ticking off or what used to be a clip around the ear?

In summary, many of the young people who receive cautions immediately regret their actions, but they soon discover that the consequences severely jeopardise their job prospects and opportunities. Many of those youngsters come from underprivileged and unstable backgrounds, so is it not counter-productive to criminalise them further and to destroy what opportunities they might have in our society?

I welcome the steps that the Government are taking to prevent disclosure of old and minor offences to potential employers. I hope that the reforms make a significant difference to the life of many constituents, such as mine and many others.