Reintegration

Disclosure (Scotland) Bill Report

On 17 December, the Education and Skills Committee published its Stage 1 Report on the Disclosure (Scotland) Bill. The Stage 1 debate took place on 16 January 2020 and it was passed with broad support from all parties, although acknowledging that there was still a lot of work to do at Stage 2, given the importance and complexity of the area.

Most of this work will be around: a) amendment/s to ensure that no-one will have to self-disclose a childhood conviction that would not be disclosed by the state b) requirement for accompanying guiding principles or criteria c) clarification of how it fits with other legislation e.g. Management of Offenders Bill and Minimum Age of Criminal Responsibility d) what constitutes other "relevant" information, and clarification of the difference between it and information which "ought" to be disclosed. 

Education and Skills Committee Stage 1 Report

HLS Written Evidence

HLS Oral Evidence

Evidence to Education and Skills Committee: Disclosure (Scotland) Bill

On 6 November 2019, one of our Committee Members, Dr. Beth Weaver, gave oral evidence on our behalf to the Education and Skills Committee on the Disclosure (Scotland) Bill.  Her evidence focused on why individualised and structured discretionary models of disclosure could not be applied to adult, as well as, childhood convictions. She argued that the onus should not be on the individual to apply to have convictions removed and that no fee should be incurred for this. The issue of other relevant information (ORI) was deemed to be key and should only be disclosed when proportionate, balancing public protection against individuals' rights. With this in mind, she urged a need for legal clarification on what information "is" or "ought" to be relevant, highlighting the need for universal guiding principles to accompany the Bill.

Oral Evidence to Education and Skills Committee

Throughcare Service Provision Announcement

Following the news of July 2019 that the Scottish Prison Service planned to temporarily suspend its Throughcare service due to staffing pressures linked to the rising prison population, it was announced on 25 September 2019, that the 'New Routes' and 'Shine' partnerships led by the Wise Group and Sacro respectively, would make support available for more prisoners released from short term sentences of up to four years. 

The Throughcare service previously provided by SPS had been widely praised. We support the reintroduction of this vital service, but lament the need for the redeployment of the 42 Throughcare Support Officers to front-line duties as a result of the increasingly high prison population and rates of absence amongst SPS prison staff.

Reintroduction of Throughcare Support Service

Spent Convictions Legislation

evidence shows that it is eight times harder for a person to gain employment [after imprisonment], with declaration of a criminal record the greatest factor in an employer refusing employment.’ – Scottish Government, Key facts, Rehabilitation of Offenders Act 1974

 

More than 1 in every 3 men and almost 1 in every 10 women in Scotland have a criminal record. A past conviction can become ‘spent’, which means a person with a conviction no longer has to disclose their criminal record after a certain number of years. How long until the conviction is effectively removed from your record is stated in legislation, in Scotland this is the Rehabilitation of Offenders Act 1974. Regulations that permit past criminal transgressions to become spent are vital as it allows a person to move on from a conviction. However, unduly harsh spent conviction legislation means people have to reveal their criminal history for long periods of time, sometimes forever, severely hindering a person's attempt to find employment, training and volunteering, secure insurance and even open a bank account. These are basic and normal features of adult life, thus spent conviction legislation can render someone a second class citizen as well as socially and economically marginalising them. Moreover, access to these opportunities and routines are important for social reintegration and reducing re-offending. We advocate that a decrease in the period of time that must pass before a conviction becomes spent, what is known as a ‘rehabilitation period’, is overdue. Reducing the ‘rehabilitation period’ removes a significant hurdle, one that blocks a person with a conviction from being socially integrated and disrupts their ability to desist from crime. Change in the spent conviction legislation is due in 2018. Though the content of the proposed new legislation is not yet published, HLS strongly support a robust overhaul of the current arrangements. While the balance of the Act must also support employers who work with vulnerable groups, it should strive to also work in favour of social and economic equality for those with convictions.

Read more:

How long until my conviction is spent?

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