The Police, Crime, Sentencing and Courts Bill is a huge piece of legislation that is designed to increase control over the people. The police bill’s origin, promising a ‘smarter approach‘, claims to deliver on Conservative manifesto commitments to keep the public safe. Now that Parliament has concluded a consideration of amendments, it’s expected to receive royal assent shortly.
Sparking massive protests across the country, the bill criminalises those deemed to be causing a nuisance, whether it be noise, annoyance, or the blocking of streets. A reversal of policy in some cases, it expands the use of controversial stop-and-search powers. The bill also changes sentencing rules, meaning those convicted of a crime will spend more time in prison. Nevertheless, it is my opinion that there is one detail within the bill that should be embraced.
The bill will update the complex and lengthy rules on criminal records. These have been known to hamper societal reintegration by creating a divide between those who have made mistakes in life and those who haven’t. The current rules on criminal record disclosure are neither proportionate nor effective. For example, they state that if you receive a one-year suspended sentence, you have to legally announce it for five times that amount of time.
Allow me to state that I am on the side of prisoners, a group of people who are consistently vilified and stripped of fair chances by our society. My position is that regardless of their crime, people in prison deserve to be treated like human beings. Their efforts at rehabilitation should be aided and encouraged, not hindered. The prisoner is a recurring scapegoat of the mainstream media, with partisan headlines found in the Daily Mail and Sun. I often write for Inside Time, the national newspaper for prisoners. And in doing so, I aim to correct the record on matters of criminal justice and champion the work of groups like Unlock, who campaign relentlessly for fairness.
The police bill builds upon a foundation that will help people with a conviction in their pursuit of a normal life. In 2011, the government introduced their Legal Aid, Sentencing and Punishment of Offenders Bill (LASPO) which relaxed the 1974 rules on criminal record disclosure. These rules dictate for how long an individual must suffer a criminal record that will hinder their employment, travel, and insurance needs.
That relaxation has changed lives for the better, helping former prisoners move on from their past mistakes. The policing bill will further relax the disclosure rules – though not to the extent proposed by respected prison reformer David Ramsbotham.
I have previously written about the disproportionality of the criminal records regime. I believe it represents an unwinnable situation where people are shut out by society after serving their punishment. This is not theory or hypothesis but a reality. If the state makes it impossible for an ex-prisoner to get a job, that person will have no choice but to claim social security to feed themselves. And we all know the labels that are placed upon those reliant on benefits.
The parts of the police bill concerning criminal records do remain imperfect. But the bill contains some satisfactory improvement, reducing those excessive and impractical disclosure rules. For any sceptics of ex-prisoner rehabilitation, I would advise them to look at the evidence and success stories. Furthermore, if not convinced, keep in mind that the law sets out a long list of roles and offences to which the reforms do not apply. This means a person will have to disclose their conviction (even if it is spent) for the rest of their life.
Shamefully, the ‘shoot first and ask questions second’ Labour Party rarely takes an interest in the plight of ex-prisoners. They prefer a hard-line approach involving antagonism by police ‘at three o’clock in the morning’. A compassionate approach of educating and supporting people, rather than shaming and humiliating them for eternity, especially when they have paid their dues, would lead to a better end result for everyone. We would see lower reoffending rates and fewer victims as a consequence.
Elliot Tyler 