I just wanted to clarify a few things
1. There is mention in this thread about
"why is this information nowhere else" - that's precisely why we put out the update, as we discovered this problem with plenty of evidence through our helpline of people with basic disclosures as proof. Hence the update.
2. That's also why we've encouraged people to get their own basic disclosure. We know that to many people this will be news to them, as it was to us.
3. There have been a few requests for the 'MoJ' view that confirms our update. I understand how people might want to get this "from the horses mouth" so to speak. We're not the MoJ (nor are we funded by Government, which I just want to reiterate, as some seem to think we arre). What I have done is copied below the paragraph that we received from the Ministry of Justice - this is what formed the basis of our update.
"In our view, and that of Disclosure Scotland, a SOPO falls within the definition in the ROA of an order that imposes a prohibition. The rehabilitation period of an order, made on conviction, which imposes "any disqualification, disability, prohibition or other penalty" has not changed following the amendments made by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. The relevant provisions were previously set out in section 5(8) of the ROA. They are now set out in the last entry in the table in new section 5(2) and in the definition of relevant order in new section 5(8). In both cases the rehabilitation period ends on the date when the prohibition, etc, ceases to have effect. Therefore if an order is imposed for an indefinite period then it seems to us that it will be subject to disclosure indefinitely."
4. I can assure all members of this forum that we do not provide updates like this without ensuring that our information is accurate. Sadly, we know that the information that people get given elsewhere can make things confusing. We've been careful to make sure that we saw evidence of this happening in practice, where people were showing us basic disclosures with orders on there, and then confirming the position with MoJ.
5. As was mentioned in the update, we don't agree that Orders should be working in this way, and we're actively looking at ways that this can be challenged, hence why we're asking for evidence from individuals.
6. Finally, although this forum is monitored regularly from a moderator perspective, questions that are put to Unlock through the forum won't necessarily be answered straight away. However, people can get our advice directly by contacting our Helpline (see link at the bottom of this page)
I hope this helps.
Post Edited (Christopher Stacey) : 13/06/2014 15:09:34 (GMT+2)
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