#FairChecks Movement Calls for Criminal Record Reform

Justice campaigners are calling for reform of the UK’s criminal record system after new data revealed childhood offences were disclosed more than 11,000 times last year.  

Of these disclosed offences, more than a third occurred more than 40 years ago.  

Image Credit: #FairChecks Movement

According to the Guardian, the oldest offence was a 74-year-old conviction for simple larceny. Larceny hasn’t existed in UK law since 1969, when the Theft Act was passed, and the offences were recategorised as theft, robbery and burglary.  

The disclosure of these convictions is rarely relevant to the job role the individual is applying for. But their disclosure still causes problems for candidates.  

Stats from justice campaigners show that 50% of employers wouldn’t consider employing someone with past convictions, regardless of what it is.  

It’s not just convictions either. Many are still having to disclose old offences, warning or reprimands when having a criminal record check carried out. 

This is why campaigners are calling for reform. 

The #FairChecks Campaign 

The #FairChecks movement is a collaborative venture between two national charities, Unlock and Transform Justice. 

Unlock is a charity focused on supporting people with criminal records. This involves everything from supporting them back into society following a custodial sentence to campaigning against discrimination. 

Transform Justice are a charity dedicated to reforming the UK’s criminal justice system. They aim to promote change by creating research that shows what works and what needs to be improved to make the system more effective.  

Penelope Gibbs, Director of Transform Justice, commented on the current system, said: 

“For too long reform of criminal records checks has languished in the ‘too difficult’ box. Of course, we need some checks. But our disproportionate system ruins lives by forcing people to disclose relatively minor crimes to employers decades on. 

Image Credit: #FairChecks Movement

“Rehabilitation involves allowing people to move on in their lives. The government could facilitate that by making criminal checks fairer.” 

Changes to the System 

The rules around disclosures were originally tightened following the 2002 Soham murders of schoolgirls Holly Wells and Jessica Chapman. Ian Huntley had been reported to police six times but was still cleared to be a school caretaker. 

The reforms that followed were intended to strengthen safeguards for children and vulnerable adults. In many ways, this has worked. However, campaigners are concerned that such a wide release of historical and irrelevant information is preventing thousands from gaining employment. 

The rules that govern what is and isn’t disclosed on a DBS Check are known as ‘filtering’ rules. These were updated back in November 2020 so that cautions issued under the age of 18 aren’t disclosed. However, youth convictions still are, no matter how minor they are or how much time has passed. 

The only type of DBS Check this information wouldn’t show up on is the Basic DBS Check, as this only shows the most basic level of information. 

Standard and Enhanced DBS Checks, which are the most commonly used for employment would still show this information. 

Commentators all agree that the system needs to be reassessed to create a a system that is fair and proportionate. The Liberal Democrats’ justice spokesperson said: 

“The government must commit to reforming criminal record disclosure rules so that people do not have to declare irrelevant old and minor convictions that could impact their future. 

“These figures prove that the government’s ‘look tough’ approach on crime is simply not working. 

“If the Conservatives were serious about reducing crime rates they should put dignity and respect at the heart of our criminal justice system.” 

These thoughts were echoed by Shami Chakrabarti, the former shadow attorney general for England and Wales. She said: 

“There’s been a huge move towards encouraging people to accept police cautions in recent decades without proper legal advice. And these cautions are then attracting greater legal and practical consequences for their lives in the years to come,” 

“It’s not helping us to rehabilitate people. It’s all part of turning more and more people from citizens into suspects.” 

Responding to the campaigners, the Ministry of Justice said: 

“Protecting the public is our number one priority and those sentenced to the most serious crimes will have convictions on their records for life. 

“At the same time, reformed low-level offenders shouldn’t be held back by their criminal records, which is why we have already reduced the time it takes for their convictions to be spent.”