AYJ Explains: Police, Crime, Sentencing and Courts Bill - Childhood Criminal Records
Clause 136 of the Police, Crime, Sentencing and Courts (PCSC) Bill proposes reforms to criminal records. Here, the AYJ examines these reforms and sets out our recommendations.
A. The bill is proposing reforms to criminal records including significant improvements to reduce or remove rehabilitation periods, which are the length of time before a caution or conviction becomes ‘spent’, meaning it is no longer required to be disclosed on basic DBS criminal record check.
A. We warmly welcome the reforms to childhood criminal records contained in the Bill, which significantly improve rehabilitation periods. We have long been calling for these reforms and have been engaging with Parliamentarians and senior civil service to build the case for change. The current system allows widespread, lengthy disclosure of childhood records, which our research has found is far more punitive than comparable jurisdictions and acts as a barrier to employment, education and housing and therefore works against rehabilitation. It anchors children to their past, preventing them from moving on from childhood mistakes. While we welcome the steps that are being taken, the proposals can and should go much further for children.
A. Tweaks to the current system will not go far enough: a wide-ranging review of the system is urgently needed. Scotland has recently significantly reformed its childhood criminal record regime to one which creates clear distinctions between the treatment of childhood and adult records, and provides useful examples of how changes could be far more ambitious in creating a distinct regime that reflects the nature of childhood offending.
The AYJ particularly want to see provisions added to this Bill which amend the ‘relevant date’ for rehabilitation periods of children who turn 18 between committing an offence and conviction. This would mean that the corresponding date is when the offence was committed, rather than the date of conviction. This is a simple, quick change that would have a huge impact on these young people who turn 18 while waiting for their case to be heard and therefore face twice as long rehabilitation periods. It is entirely unfair that the current rule is based on date of conviction, meaning that two children who committed the same offence on the same day could, if one has their case heard earlier than the other for any number of reasons, face significantly different, potentially lifelong, impacts. It is particularly crucial given the increasing number impacted by court backlogs.
The exclusion from rehabilitation periods for certain offences should not apply for children. The AYJ welcome the proposed introduction of rehabilitation periods for custodial sentences of four or more years, however they exclude sexual, violent and terrorism offences, meaning that for children the change will make little to no difference, with these convictions remaining unspent for the rest of their lives. It is inappropriate that any child in effect receive a whole life sentence for childhood behaviour.
For more information on childhood criminal records or other measures in the Police, Crime, Sentencing and Courts Bill, read our full briefing here.