For example - a Standard or Enhanced DBS check will always contain details of cautions given for "specified offences".

"Specified offences" generally are serious offences - however, include some things that are arguably not as serious, such as, for example:

Children Act 1989, s50(9) - Obstructing an authorised person exercising power to remove a child (related to social services attending to remove children from care of parents etc)
Children and Young Persons Act 1969, s32(3)Compel, persuade, incite or assist another person to become or continue to be absent from care
Homosexual Offences (Northern Ireland) Order 1982, Art 7 Procuring others to commit homosexual acts
Offences Against the Person Act 1861, s47 Assault ocassioning ABH

List_of_offences_that_will_never_be_filtered_PDF_.pdf

These are all just a handful of offences that can never be filtered, so if you receive a caution at the age of 18 for an offence of ABH, that caution will need to be disclosed for Standard/Enhanced checks for the rest of your life under current law.

Furthermore, the way most cautions are issued now is by way of a "conditional caution" - this has a rehabilitation period of three months. This means a caution received, even for the most minor of offences, must be disclosed for three months, hindering job prospects, or worse; risking ongoing employment by virtue of potentially being required to disclose it to a current employer (depending on the employment contract).

FairChecks is simply asking two things - for conditional cautions to be immediately spent, so technically never need to be disclosed, and consideration given to whether there is a real need for indefinite disclosure of some cautionable offences - if the Police have considered an offence is minor enough to be dealt with by way of a Caution, why does Government legislate that such offences need to be disclosed forever in perpetuity? It does not make sense!

What does "no automatic disclosure of cautions" mean exactly?

Good morning everybody

If you're on Unlock's mailing list, you'll have received an email yesterday from our CEO, Paula Harriott explaining Unlock's involvement in the FairChecks Movement. 

For anybody that doesn't know, FairChecks is a movement led by Unlock and Transform Justice which is calling on the Government to review the outdated criminal records disclosure system in England and Wales. 

Our three key asks are:

1. No automatic disclosure of cautions.
2. Wipe the slate clean for childhood offences.
3. Stop forcing people to reveal short prison sentences forever. 

Once you've signed up, the FairChecks team will sent you the latest updates about the movement; they'll also let you know of other ways you can help if you'd like to be more involved. 

At a recent FairChecks campaign meeting with James Timpson, Prisons Minister and Sir Nic Dakin, Parliamentary Under-Secretary for the Ministry of Justice, there was recognition that the system needed to change - we just need to show them how many people are affected. 

We're not asking you to donate any money (although that's always a bonus), we just need people to sign up to show they're behind the movement. It'll only take you a minute. 

Sign Up Here

Many thanks.

Debbie





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