Showing posts with label DBS. Show all posts
Showing posts with label DBS. Show all posts

Monday, 29 January 2018

Goodbye, Any Chance Of Legal Authority, For Amelia And Paddy



Taking them down, two-by-two ... inevitability

The money, is a side issue, you are now, wrong uns ... Criminals.
 



https://www.facebook.com/Internet.Justice/videos/347078129107302



 https://youtu.be/F6x7x49into

... and, say adios, to Amelia's, clean DBS check.

The terminal liars, are, the easiest.


More to follow.

The OSC
 
Information to therealosc@gmail.com, as usual, please.

*****

https://www.facebook.com/huntermoralsgone

https://internetinterceptorstruths.blogspot.co.uk

https://www.facebook.com/Predator-Hunters-Attack-of-the-Public-1132755213494353

https://www.facebook.com/groups/2300078663551873

https://www.facebook.com/groups/188052725269795

https://www.facebook.com/Decunters-DDR-The-Facts-406038846516274

https://www.facebook.com/capital.o.c.p

https://www.facebook.com/mark.astley.988

https://www.facebook.com/profile.php?id=100016616059020

https://www.facebook.com/apparantlyihaveaccesstothenhs

https://www.facebook.com/darcy.meadows.10

https://www.facebook.com/james.oneill.5209

https://www.facebook.com/profile.php?id=100011642385401

*****

Prologue - Sins and Sons of Stinson

http://therealosc.blogspot.co.uk/2016/10/sins-and-sons-of-stinson.html

Why Paedophile Hunters [Sic] And Their Friends, Antis, Vigilantes And Their Aggressive Thralls, Do What They Do

http://therealosc.blogspot.co.uk/2017/03/why-paedophile-sic-hunters-antis-and.html

There Is Now No Need (Still) For The Paedophile Hunters [Sic] To Meet Their Prey - Ever

http://therealosc.blogspot.co.uk/2017/02/there-is-now-no-need-still-for-hunters.html

Paedophile Hunters [Sic] And Their Friends - Why They Are Pointless, Time-Wasting, Resource-Wasting, Ignorant, Hater, Fools

http://therealosc.blogspot.co.uk/2016/12/paedohunters-sic-and-their-friends-why_16.html

Tracking And Understanding, The Recent And Faltering, 'Hunter' And Follower, Pandemic, Moral Panic And Hysteria 

http://therealosc.blogspot.co.uk/2017/11/tracking-and-understanding-recent-and.html 

Vigilante Paedophile [Sic] Hunting Groups In The UK Are Out Of Control

https://therealosc.blogspot.co.uk/2017/07/vigilante-paedophile-sic-hunting-groups.html

You Know It Is All Over, Go Now, With A Modicum Of Integrity 

http://therealosc.blogspot.co.uk/2017/10/you-know-it-is-all-over-go-now-with.html

We Love, The Smell Of Inevitability, In The Afternoon

http://therealosc.blogspot.co.uk/2018/01/we-love-smell-of-inevitability-in.html 

The Reasons, 'Hunters' Do Not Do, What They Should Be Doing

http://therealosc.blogspot.co.uk/2017/10/the-reasons-hunters-do-not-do-what-they.html
 
One More Nail, In The Coffin, Of Any Future Legal Authority

https://therealosc.blogspot.co.uk/2017/10/one-more-nail-in-coffin-of-any-legal.html

The 'Hunters' Are Restless

http://therealosc.blogspot.co.uk/2017/10/the-hunters-are-restless.html

Not The First Time, These Simpleton Reprobates, Have Caused Conflict, Social Unrest And Public Order Issues

http://therealosc.blogspot.co.uk/2017/11/not-first-time-these-simpleton.html

Slowy, But, Surely 

https://therealosc.blogspot.co.uk/2017/12/slowy-but-surely.html

Could Not Have Happened, To A Nastier, Guy (Well, Perhaps, A Few More, A Bit Nastier)

https://therealosc.blogspot.co.uk/2017/12/could-not-have-happened-to-nastier-guy.html

*****

The Likes Of Stinson Hunter's Prey And Sex With 'Kids' - Get A Clue !!! 

http://therealosc.blogspot.co.uk/2013/08/stinson-hunters-prey-and-sex-with-kids.html

*****

If you are affected, by any of the issues, raised, here ...

MAPs - you are not alone - very much, not alone ...

http://www.lucyfaithfull.org.uk - stopitnow.org.uk - circles-uk.org.uk - http://www.virped.org - http://b4uact.org - https://www.stopso.org.uk 

http://preventell.se/?lang=en - http://www.nemup.de/index_eng.html - https://1in6.org - www.boychat.org - www.annabelleigh.net

http://www.thepreventionproject.org - https://www.csaprimaryprevention.org - https://medium.com/@TNF_13 - https://medium.com/@enderphile - https://medium.com/@DaywalkerVirPed - https://medium.com/pedophiles-about-pedophilia

https://www.samaritans.org

Tor versions, available, for most downlinks.

Thank you.

The OSC

Thursday, 16 October 2014

What, Exactly, Do These Hateful People Want?


In the Public Interest?

*****
(Embedded Tweets - click date)

*****

Published: 17 hrs ago (17:52, 16/10/14)

Jamie chef raped schoolgirl aged 12

"A CHILD rapist has been taken on as an apprentice to celebrity TV chef Jamie Oliver."

http://www.thesun.co.uk/sol/homepage/news/6003082/Jamie-Oliver-apprentice-chef-David-Mason-is-convicted-child-rapist.html?CMP=SOC-Sun-Twitter-11_20_2013-191-0-0-0

Published: 10:47, 16 October 2014 | Updated: 16:03, 16 October 2014

Paedophile [not], 24, who raped 12-year-old girl [statutory] is handed [earned] a job as a chef at Jamie Oliver's Fifteen restaurant ahead of thousands of disadvantaged applicants [Hahahahaah, you mean Mr M is not?]

 ">Chef DM, 24, from [redacted], was convicted of raping a child,
>Initially said it was consensual but then admitted raping her when he was 19,
>Judge told him: 'You knew having sex with such a young girl was wrong',
>In 2010 he was sentenced to four years in a young offenders' institution,
>Now M has been chosen for Oliver's Fifteen apprentice programme,
>It 'helps young people stay out of trouble and make something of lives',
>Spokesman for the TV chef says: 'We decided that he deserved his chance."'

http://www.dailymail.co.uk/news/article-2795269/paedophile-24-raped-12-year-old-girl-handed-job-chef-jamie-oliver-s-fifteen-restaurant-ahead-thousands-disadvantaged-applicants.html

9:08AM BST 16 Oct 2014

Jamie Oliver takes on paedophile [not] as restaurant apprentice 

"Convicted paedophile [not] awarded sought-after job at Jamie Oliver's London restaurant, Fifteen."

http://www.telegraph.co.uk/news/uknews/11166299/Jamie-Oliver-takes-on-paedophile-as-restaurant-apprentice.html

*****

Mr Jamie Oliver, we will never criticise you again, without very good reason.

We are not even going to start, on the attacking of Mr Ched Evans !!!
(Embedded Tweet - click date)

23 October 2014

Ched Evans and the silencing of debate

"Campaigners are snuffing out any dissent from the official rape narrative."

"The Evans case has caused a flurry of debate, but the atmosphere in which that debate has taken place has often been fevered and hysterical. Certain opinions about rape should not be dismissed as ‘too dangerous’ or patronisingly written off as ‘rape myths’, as if there exists some other category of ‘rape truths’ to which the enlightened have access.

We must ensure that we are free to question all the prevailing orthodoxies around rape, redemption and the role and responsibilities of victims. This principle of open debate on issues of public morality is of equal if not greater importance than where Ched Evans will eventually end up playing football."

http://www.spiked-online.com/newsite/article/ched-evans-and-the-silencing-of-debate/16064#.VEl2ume0ekT

Tuesday, 18 March 2014

It Is Time It Did

March 18, 2014

The Fear Doesn’t Stop

"When one thinks of prison they think of a violent place where criminals are locked away. The truth about most prisons is that they are relatively the same as the real world. You have individuals who are prone to violence; you have individuals who are very meek. You have individuals who have substance abuse problems; you have individuals who strive to be healthy. You have individuals who are extremely intelligent; you have individuals that couldn’t find their way out of a wet paper bag.

Prison populations are as heterogeneous as the general public. The major difference is that everyone in prison is there because of a crime. Not all are guilty; unfortunately our system of justice is not without its flaws, and some innocent people do go to prison. But, the general population of a prison is made up of persons guilty of committing a crime. Most prisoners are not separated based on the crime they have committed and you have murders, burglars, rapists, child molesters, car thieves, and drug dealers living together in often overcrowded, and very close quarters.

As a sex offender in prison there is the constant fear that you will be ostracized, harassed, beaten, or even killed while in prison. You live every day looking over your shoulder; appraising those around you for their dangerousness to your personal safety. Some offenders will go weeks without showering, out of fear they will be attacked while they are at their most vulnerable. Some choose to live a life of constant isolation in a protective custody unit so they feel protected.

Most sexual offenders will not take the protective custody route. They tend to keep to themselves, but eventually find others who do not judge them so harshly and they make friends. They learn to live with the fear that is always in the back of their mind. Like all other offender types they make a choice to learn from the prison experience or to become bitterer at a system they consider to be unfair. Some seek treatment or education so that upon release they are a better person than the one who stepped into prison; while others try to fight the system any way they can, even at the expense of improving their own lives.

Release from prison comes, as it will for the majority of individuals who go there. Supervision brings on a new set of fears. Will they get revoked for something silly? Can they get a job with their criminal background? Will their families forgive them for screwing up their lives? For registered offenders, there is the additional fear that someone may take it upon themselves to seek revenge for their crime even when that person was not involved. Along with those fears is the fear that they will continue to be judged a bad person even after they have paid their debt and proven they can be a contributing, law abiding citizen.

Even after release from their sentence the fear continues to haunt them. News stories about vigilantes killing registered offenders concern them because they could be next. Evil comments from an uneducated population about how all sex offenders should be put to death regardless of the seriousness of their crime. Legislatures passing laws that continually intrudes on their ability to be a contributing member of society. Fear their children, wives, and other family members will share in their fate of being ostracized, harassed, denied assistance, possibly killed, and pushed farther to the fringes of society. Fear they will forget to go register and be sent back to prison where the whole cycle will start anew.

Once a person as served their time, as proscribed by the word of law, they should be afforded the same right as any other criminal to slowly fade back into anonymity. They should be afforded the same rights to be able to obtain gainful employment; they should be afforded the same right to live a private life that every other citizen is able to live if they so choose. They should not be forced to live in constant fear."

http://sosen.org/2014/03/18/the-fear-doesnt-stop.html

*****

Tuesday, March 18, 2014 

Fear 

"I am a wife of an ex-sex offender. I married my husband when he was on parole." 

http://sexoffenderissues.blogspot.co.uk/2014/03/fear.html#.UyjupKJvBUM

Friday, 7 March 2014

10/3/14 - Is A Good Day To Try - Good To be Spent/ Rehabilitated - Or Is It ... Really?

March 4, 2014

Forgive me, for I have sinned 

"One of the key elements of punishment is being able to leave the past behind. You do the crime and serve your time, and then hopefully draw a line under the whole sorry mess, get on with your life and do not trouble the courts again.

Forgive

Clearly however, there are some cases where your past must continue to follow you – most people would be shocked if a child killer could get a job in a school and not have to disclose his or her past offending for example.

But what about a minor indiscretion some years earlier? And where do we draw the line?"

http://andrewkeogh.co.uk/forgive-me-for-i-have-sinned

http://www.crimeline.info/uploads/clc/miscresources/rehaboffenders.pdf

March 5, 2014 

Are the changes to the Rehabilitation of Offenders Act enough? 

"People with criminal convictions are not the most popular group in society. However, once somebody has served their sentence and doesn’t re-offend, it’s in everybody’s interests to enable them to move on positively with their lives and contribute actively to society.

And we’re not talking about a small group of people either – although around 100,000 people are sent to prison every year, there are over 1.4 million convictions at court every year.

The majority – approximately 945,000 convictions – involve a fine, with 195,000 convictions resulting in a community sentence, and about 45,000 having a suspended prison sentence.

There are over 9 million people in England and Wales with a criminal record. A third of people claiming jobseekers allowance have been cautioned or convicted in the last 10 years.""

http://www.the-record.org.uk/unlock-people-with-convictions/are-the-changes-to-the-rehabilitation-of-offenders-act-enough/

http://hub.unlock.org.uk/changestotheroa

7th March 2014 

Reforms to the Rehabilitation of Offenders Act "will make a huge difference to thousands of people, but they don't go far enough" says Unlock, a national charity for people with convictions

"On Monday 10th March, the UK Government will finally implement reforms to the 1974 Rehabilitation of Offenders Act.

The charity Unlock has campaigned for changes for many years. Christopher Stacey, Director of Services at Unlock, says “There are over 9 million people in England & Wales with a criminal record and more than 1.2 million people get convicted at court every single year.

For the majority of these people, these changes mean that the length of time they’ll need to disclose their conviction for will be reduced – for example, more than 800,000 people a year receive a fine at court, and the rehabilitation period for this will reduce from 5 years to 1 year.“

http://us2.campaign-archive1.com/?u=45c161a5b068f45e640606f58&id=fe578673f2

10 March 2014

The right of offenders to get back on track

http://www.opendemocracy.net/5050/christopher-stacey/right-of-offenders-to-get-back-on-track

Reforms to the Rehabilitation of Offenders Act

"The Rehabilitation of Offenders Act was reformed under the Legal Aid, Sentencing and Punishment of Offenders Act 2012. This followed Nacro's Change The Record campaign, which set out to reform the period of time over which ex-offenders have to declare any previous convictions. The declaration period can be years or decades and can hold people back from gaining employment."

http://www.nacro.org.uk/what-we-do/resettlement-advice-service/advice/disclosing-criminal-records/rehabilitation-of-offenders-act-1974,1646,NAP.html#4

http://www.nacro.org.uk/what-we-do/resettlement-advice-service/reforms-to-the-rehabilitation-of-offenders-act

21-03-2014

Driving offence clause will cause chaos

http://www.nacro.org.uk/in-the-news/driving-offence-clause-will-cause-chaos,1769,NAP.html

*****

Published 4 March 2014 

New Guidance on the Rehabilitation of Offenders Act 1974 

Organisation: Ministry of Justice

https://www.gov.uk/government/publications/new-guidance-on-the-rehabilitation-of-offenders-act-1974

Rehabilitation of Offenders Act 

http://www.justice.gov.uk/offenders/rehabilitation-of-offenders-act

Rehabilitation of Offenders Act 1974; 1974 CHAPTER 53

"An Act to rehabilitate offenders who have not been reconvicted of any serious offence for periods of years, to penalise the unauthorised disclosure of their previous convictions, to amend the law of defamation, and for purposes connected therewith."

What is the Rehabilitation of Offenders Act 1974?

http://www.justice.gov.uk/downloads/offenders/rehabilitation/rehabilitation-offenders.pdf  (information, soon to be defunct)

http://www.legislation.gov.uk/ukpga/1974/53

Legal Aid, Sentencing and Punishment of Offenders Act 2012

http://www.legislation.gov.uk/ukpga/2012/10/contents/enacted

*****

06.03.14

Reforms to the Rehabilitation of Offenders Act 1974

http://www.axaconnect.co.uk/News/2014/Reforms_to_the_Rehabilitation_of_Offenders_Act_1974/

*****

R (on the application of) T -v- Chief Constable of Greater Manchester and others

Court of Appeal (Civil Division) judgment

Neutral Citation Number: [2013] EWCA Civ 25 Case No: C1/2012/0520, C1/2011/1660 & C1/2011/1678 Court of Appeal (Civil Division)

http://www.judiciary.gov.uk/media/judgments/2013/r-t-chief-constable-greater-manchester-judgment-29012013

http://www.bailii.org/ew/cases/EWCA/Civ/2013/25.html

http://www.kingsleynapley.co.uk/news-and-events/blogs/regulatory-and-professional-discipline-blog/case-update-r-t-and-others-v-chief-constable-of-greater-manchester-police-and-others-2013-ewca-civ-25

*****

Posted: March 10, 2014

An update on today’s historic changes to the Rehabilitation of Offenders Act 1974

"Today is an historic day for Unlock. We’ve campaigned for many years to see changes to the Rehabilitation of Offenders Act. It’s the first time in nearly 40 years since the legislation has been reformed in this way. It’s been quite a wait since the law received Royal Assent in 2012, but we’re delighted that we’ve finally got there.

Since we got notice of the implementation date, we’ve been working hard behind the scenes to make sure that we do all that we can to prepare for the changes.

We are also firmly of the belief that the changes don’t go far enough, and we’ve been doing a lot of work to try and make this clear ..."

http://hub.unlock.org.uk/new-resources-roa

‘How long do I have to disclose my criminal record for?’ – A detailed guide to the ROA (updated 2014)

http://hub.unlock.org.uk/knowledgebase/detailedguideroa

Disclosure Calculator

http://www.disclosurecalculator.org.uk

Rehabilitation of Offenders Act 

"New time periods for disclosing convictions from March 2014."

http://www.insidetime.org/resources/Employment/Rehabilitation-of-Offenders-Updated-March-14.pdf

Rehabilitation of Offenders Act 1974 

"Background

The Rehabilitation of Offenders Act 1974 exists to allow people with convictions to be reintegrated back into society by having the right to legally ignore their conviction after a period of time. The Act allows convictions, cautions, reprimands and final warnings in respect of a certain offence to be considered ‘spent’ after a specified period of time known as the ‘rehabilitation period’ which is decided by the sentence or disposal received.

Once ‘spent’, the person is considered rehabilitated and the Act treats the person as if they had never committed an offence. As a result, the conviction or caution in question does not need to be disclosed by the person when applying for most jobs, educational courses, insurance, housing applications or other purposes, unless the role applied for is exempt from the Act (see ‘Exceptions to the Act’).

If a role is covered by the Act, it is unlawful for an employer to refuse to employ a person (or dismiss an existing employee) because the individual has a ‘spent’ caution or conviction.

It is also unlawful for an organisation to knowingly carry out (or enable someone else to obtain) a Disclosure and Barring Service (DBS) check on a person for a role which is covered by the Act.

If a role is covered by the Act, the employer is only legally entitled to carry out a basic criminal check known as a basic disclosure (provided by Disclosure Scotland) which will reveal only ‘unspent’ convictions.

A basic disclosure should not be confused with a standard DBS check which is legally required only for positions exempt from the Act such as approved financial posts by the Financial Conduct Authority, accountants, lawyers, barristers and other legal positions. For further information on criminal record checks, please see here."

http://www.nacro.org.uk/what-we-do/resettlement-advice-service/advice/disclosing-criminal-records/rehabilitation-of-offenders-act-1974,1646,NAP.html

Monday 10 March 2014 21.00 GMT

A new deal on criminal records

http://www.theguardian.com/society/2014/mar/10/new-deal-criminal-records?CMP=twt_gu 

March 10, 2014

New rehabilitation of offenders legislation comes into effect

http://www.t2a.org.uk/new-rehabilitation-of-offenders-legislation-comes-into-effect/

*****
(Embedded Tweet - click date)

*****

Posted on March 21, 2014

The Rehabilitation of Offenders Act

"The Rehabilitation of Offenders Act 1974 aims to give those with convictions or cautions the chance – in certain circumstances – to wipe the slate clean and start afresh.

Under the Act, eligible convictions or cautions become “spent” after a specified period of time known as the “rehabilitation period”, the length of which varies depending on how the individual concerned was dealt with.

Prison sentences of over 4 years are excluded from the scope of the Act and can therefore never become spent. The rehabilitation periods for other types of sentence vary according to whether the person was cautioned or convicted and, if the latter, the type of sentence imposed. Rehabilitation periods will generally be shorter for offenders aged under 18 when they were convicted.

Once the conviction or caution becomes spent, the offender is regarded as rehabilitated and (for most purposes) is treated as if he had never committed the offence. [if only]"

http://andrewkeogh.co.uk/the-rehabilitation-of-offenders-act

http://www.parliament.uk/briefing-papers/SN01841.pdf

*****

March 25, 2014

Unlock provide update on recent changes to the Rehabilitation of Offenders Act 1974 

"Unlock have campaigned for many years to see changes to the Rehabilitation of Offenders Act. It’s the first time in nearly 40 years since the legislation has been reformed in this way.

It’s been quite a wait since the law received Royal Assent in 2012, but we’re delighted that we’ve finally got there.

Since we got notice of the implementation date, we’ve been working hard behind the scenes to make sure that we do all that we can to prepare for the changes.

We are also firmly of the belief that the changes don’t go far enough, and we’ve been doing a lot of work to try and make this clear"

http://www.factuk.org/unlock-provide-update-on-recent-changes-to-the-rehabilitation-of-offenders-act-1974/

http://hub.unlock.org.uk/changestotheroa

Unlock - Downloads & Using our materials

http://hub.unlock.org.uk/downloads

*****

April 2014

Second chances and ‘invisible punishment’

http://thejusticegap.com/2014/04/spent-convictions-invisible-punishment

Monday, 2 December 2013

To Be Spent, But, Still To Be Prejudiced Against - Nothing Changes

(Embedded Tweet - click date - archived, if needed).

List ... https://t.co/vKgbeDKUSG (.xlsx)

Going to be a minefield ...

http://therealosc.blogspot.co.uk/search/label/ROA%201974

*****

December 2013

Filtering legislation

"What is the new filtering legislation about?

Previously, all convictions, cautions, final warnings and reprimands on the Police National Computer were disclosed on Standard and Enhanced DBS (formerly ‘CRB’) certificates until a person reached 100 years of age.

On the 29th May 2013, an amendment to The Police Act 1997 was implemented that allows certain minor offences to be removed or ‘filtered’ from the certificates. Offences that are eligible to be filtered no longer need to be disclosed for jobs that are eligible for Standard or Enhanced DBS checks.

Please note that the legislation applies to England and Wales only."

http://www.nacro.org.uk/what-we-do/resettlement-advice-service/advice/legislation/filtering-legislation,1648,NAP.html

*****

Page history: Updated 13 December 2013, see all updates

DBS filtering guide Organisation: Disclosure and Barring Service

Information added about external guidance available from Nacro and Unlock. 13 December 2013 10:46am

Added more information about convictions with multiple offences. 13 September 2013 11:01am

Updated to version 1.4 - added a link to Unlock guidance1 2 August 2013 3:37pm

Uploaded new version 1.3 with further advice on filtering. 30 July 2013 2:20pm

Updated version of the document.1 2 June 2013 12:24pm

Updated the document 29 May 2013 8:41am

First published. 28 May 2013 3:34pm

Policy: Helping employers make safer recruiting decisions
Collections: DBS filtering guidance and DBS checking service guidance

https://www.gov.uk/government/publications/dbs-filtering-guidance

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/265811/Filtering_guidance_v3.pdf

Thursday, 31 October 2013

Helping Employers Make Prejudical Recruiting Decisions

29 October 2013

Guidance: DBS guide to eligibility

"Organisation: Disclosure and Barring Service.
Page history: Updated 29 October 2013, see all updates.
Policy: Helping employers make safer recruiting decisions.
Collections: DBS checking service guidance.

Eligibility, workforce and supervision guidance for those working with children and adults."

https://www.gov.uk/government/publications/dbs-check-eligible-positions-guidance

Saturday, 12 October 2013

Its Approach To Those With Convictions Who Are Trying To Rehabilitate Themselves Is Embarrassing

12th October 2013

The Tyranny of the Disclosure and Barring Service

"Britain can learn from Malaysia when it comes to rehabilitating offenders, writes Tracey McMahon

One of the biggest obstacles that people with a criminal conviction face in Britain is securing employment. I have discussed and argued this topic many times during my journey through the criminal justice system, and, as I approach the completion of my sentence, I have a fairly good understanding of how the Disclosure and Barring Service (DBS) operates.

Over the last 12 months we have seen the effects that the DBS (formerly the Criminal Records Bureau) can have on people with convictions from decades ago. 2012 saw candidates for the role of Police and Crime Commissioner withdrew because of historical offences.

Of course, there has to be screening in place. Arguing for the complete withdrawal of such a process would be futile. But the approach the British have towards the disclosure process is tyrannical to say the least. There is now a whole new business area involving companies that will undertake DBS screening on behalf of other companies (for a fee, naturally) and on most application forms there is a part that makes most people I know with convictions give up the prospect of working for that company."

"Any resident of Malaysia, whether a citizen or not, can apply for what is known as a “good conduct” report from the Consulate General of Malaysia. This costs as little as £3.79 and the turnaround time is around two months. The report will satisfy a job application’s conviction-reporting requirements for any Malaysian company. It truly is that easy."

http://www.criminallawandjustice.co.uk/features/Tyranny-Disclosure-and-Barring-Service

Tuesday, 1 October 2013

Unlocking Criminal Record Checks

1st October 2013

New guide published by Unlock

"Unlocking Criminal Record Checks

"On a daily basis, our helpline gets calls from people who are applying for work and don’t know where they stand because of criminal record checks that (increasingly) employers are carrying out.

A couple of years ago, we approached the DBS (Disclosure & Barring Service - known as the CRB at that time) and raised this as a matter of concern. They agreed to support the production of a guide, specifically for people with a criminal record, designed to explain in detail the criminal record checking process, with particular focus on the specific issues that people with a criminal record might face.

The result is a detailed guide which was written by Unlock and which was circulated by the DBS (it was announced in DBS News September 2013)."

http://www.unlock.org.uk/userfiles/file/informationhub/unlockingcriminalrecordchecksfinal.pdf

http://us2.campaign-archive1.com/?u=45c161a5b068f45e640606f58&id=69a13c0f2a 

*****

Manifesto Club Update: CRB – secret lists and confusion on the new ‘filtering’ system for criminal records checks

http://www.factuk.org/manifesto-club-update-crb-secret-lists-and-confusion-on-the-new-filtering-system-for-criminal-records-checks/

http://www.manifestoclub.com/node/1030

Sunday, 18 August 2013

Daily Mail, Get Confused, Again, About Risk, Law And PR Gatekeepers

PUBLISHED: 02:01, 18 August 2013 | UPDATED: 04:47, 18 August 2013

Olympic judo coach barred for sex abuse...but Government say he can STILL work with children

">Disgraced AR, 68, was banned from coaching for life [sic],
>Tribunal found that he had carried out a series of assaults on young pupils between the 1970s and 2003,
>But victims have been left horrified by the decision that he is still fit to work with children.

A former Olympic judo coach has been thrown out of the sport after a disciplinary panel [prejudicial gatekeepers, not Statute] found that he sexually abused children in his care.

Yet the agency responsible for preventing sex offenders and paedophiles [sic] from having contact with young people has cleared him to work with children again. [Low risk, just like you, that is Statute]"

http://www.dailymail.co.uk/news/article-2396376/Olympic-judo-coach-barred-sex-abuse--Government-say-STILL-work-children.html 

Of course, MW-T has to get his biased, incorrect and profiteering oar in ...


https://twitter.com/mwilliamsthomas 

*****

PUBLISHED: 13:38, 26 August 2013 | UPDATED: 13:38, 26 August 2013

1,500 criminal teachers [sic] including paedophiles [sic], drug dealers and thugs apply for school jobs every year (but education chiefs can't tell us how many are in the classroom)

">Majority of criminal acts do not prevent people teaching in UK schools,
>100 heads, 800 teachers and 600 teaching assistants found to have previous,
>Schools get to decide if a teacher should be employed in most cases,
>MP calls for 'transparency' on issue because parents 'have a right to know'."

http://www.dailymail.co.uk/news/article-2395469/2-000-criminal-teachers-including-paedophiles-drug-dealers-thugs-apply-school-jobs-year-classroom.html

Tuesday, 13 August 2013

The Accumulation Of Disadvantage

Tue, 13 Aug 2013 09:06:00 BST

Time to rethink the Rehabilitation of Offenders?


"More than a third of men and almost one in ten women in Scotland are likely to have at least one criminal conviction, according to a new report published by academics at the University of Glasgow.

One third of Scots men are offenders

The figure emerged in the context of a review of the operation of and possible alternatives to the Rehabilitation of Offenders Act 1974, by Paul McGuinness, Sarah Armstrong and Fergus McNeill of the Scottish Centre for Crime and Justice Research at Glasgow University. It shows that 38 per cent of men and nine per cent of women born in 1973 are known to have at least one conviction.

One of the authors, Professor Fergus McNeill said: “Our findings show a large proportion of the adult population in Scotland now have at least one conviction. This could cause grave difficulties for those who then go on to apply for jobs. Our research also found people with convictions report feeling discouraged and stigmatised due to rejection linked to their backgrounds. As a result, they find it harder to move on in their lives, away from offending and into employment and education.”

The research also found that the experience of criminal records checks are now a regular experience for many people. Currently over one million applications for basic disclosure of criminal convictions are processed every year by Disclosure Scotland."

http://www.gla.ac.uk/news/headline_286505_en.html

One-third of Scots men are offenders

http://www.heraldscotland.com/news/home-news/one-third-of-scots-men-are-offenders.21839513

*****

The use and impact of the Rehabilitation of Offenders Act (1974) 

http://www.sccjr.ac.uk/publications/the-use-and-impact-of-the-rehabilitation-of-offenders-act-1974final-report

Friday, 2 August 2013

Police Unthinkingly Substituting Their Own View - How Odd

June 13th, 2013

Enhanced criminal records certificates – teachers on trial

"Of course, a critically important issue for the teacher in question is whether the allegations will ultimately find their way into any enhanced criminal record certificate (ECRC). This is an issue which has been considered by the High Court in two recent cases.

In the first, R (L) v Chief Constable of Cumbria Constabulary [2013] EWHC 869 (Admin), L, a teacher, had been accused of having improperly propositioned and hugged an 18 year old pupil whilst at a pub. L had denied the allegations and no criminal prosecution had ultimately been mounted. The High Court held that inclusion in the ECRC of information relating to the allegations was unlawful as it constituted a disproportionate and hence unjustified interference with L’s Article 8 rights (see further Rachel Kamm’s more detailed post on this judgment here).

This week, the High Court has given judgment in the case of RK v (1) Chief Constable of South Yorkshire (2) Disclosure and Banning Service [2013] EWHC 1555 (Admin). RK had previously been acquitted of six counts of indecent assault and sexual activity with a child (in essence it was alleged that RK had repeatedly touched the bottoms of teenage girls in his care). Nine years later RK sought disclosure of a draft ECRC from the Constabulary. The draft included information about the allegations and referred to them as ‘offenses’. RK sought a judicial review of the draft certificate.

"Critically the judgments in both L and RK highlight the dangers attendant on the police unthinkingly substituting their own view of an individual’s guilt or innocence in the face of an acquittal by the criminal courts or other important evidence raising questions about the reliability of the information in issue."

http://www.panopticonblog.com/2013/06/13/enhanced-criminal-records-certificates-teachers-on-trial/

*****

Crimeing People

http://www.crimetalk.org.uk/reviews/articles/922-crimeing-people.html

Thursday, 27 June 2013

Since When Did They Care About Being Correct? Especially Antonella Lazzeri

JUNE 26, 2013

The Sun gets regulator reprimand and publishes correction for misleading on European human rights

"Updated | Remember Inhuman Rights, The Sun’s garbled reporting of this Court of Appeal decision on Criminal Record Bureau checks? In February, I wrote this: No, The Sun, the Human Rights Act is not the EU. My complaint was about the headline, which screamed “Now EU could let fiends like him prey on your children“. This was obvious nonsense, since the judgment had nothing to do with the EU."

http://ukhumanrightsblog.com/2013/06/26/the-sun-gets-regulator-reprimand-and-apologises-for-misleading-on-european-human-rights/

No, The Sun, the Human Rights Act is not the EU

http://ukhumanrightsblog.com/2013/02/10/no-the-sun-the-human-rights-act-is-not-the-eu/

*****

Inhuman rights

http://www.thesun.co.uk/sol/homepage/news/4787497/Youngsters-at-risk-after-EU-ruling.html

Correction

http://www.thesun.co.uk/sol/homepage/news/4984447/Correction.html

*****

26/06/2013

Complainant Name: Jacqueline Minor, on behalf of the European Commission’s Representation to the United Kingdom

http://pcc.org.uk/news/index.html?article=ODQ3Mg==

Thursday, 30 May 2013

A Good Start

30/5/13

DBS start filtering cautions and convictions

"As some of you may have seen from the news, the Disclosure & Barring Service (DBS) has started, as of yesterday, a process of ‘filtering’ for cautions and convictions held on the Police National Computer.

Today, we’ve published our own detailed guide on how the DBS filtering rules will work. This can be downloaded here (http://www.unlock.org.uk/userfiles/file/informationhub/dbsfilteringprocess.pdf) .

Although we’ve known this has been coming for quite a few weeks now, it wasn’t until last week that we found out exactly when it would be coming into force. It wasn’t until yesterday when, along with everybody else, we got a chance to see the guidance that the DBS had written and, in particular, saw the full list of offences that are exempt from filtering."

UNLOCK

http://unlock.org.uk/staticpage.aspx?pid=97

*****

"Applicants’ rights

Usually a job applicant has no legal obligation to reveal spent convictions. If an applicant has a conviction that has become spent, the employer must treat the applicant as if the conviction has not happened. A refusal to employ a rehabilitated person on the grounds of a spent conviction is unlawful under the Rehabilitation of Offenders Act (ROA)1974.

Certain areas of employment that are exempt under the ROA 1974 (Exceptions) Order 1975 [also The Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2012], for which employers may ask about spent convictions. This is known as asking an exempted question. When answering, the applicant would have a legal obligation to reveal spent convictions.

The code of practice states that information on a DBS certificate should only be used in the context of a policy on the recruitment of ex-offenders. This is designed to protect applicants from unfair discrimination on the basis of non-relevant past convictions. The DBS has developed a specimen policy on the recruitment of ex-offenders to help guide organisations.

The minimum age at which someone can be asked to apply for a DBS check is 16 years old.

To find out more information about who is eligible for a DBS check consult the DBS check eligibility guide".

*****

"The Ministry of Justice has stated that organisations should not insist that a DBS check forms part of a recruitment exercise or bid when tendering for contracts, unless the services provided meet the criteria for an eligible DBS check as defined by the exceptions, as this would breach employment law.

Standard checks – To be eligible for a standard level DBS check the position must be included in the Rehabilitation of Offenders Act (ROA) 1974 (Exceptions) Order 1975.

Enhanced checks – To be eligible for an enhanced level DBS check, the position must be included in both the ROA Exceptions Order and in Police Act Regulations.

Enhanced checks with children’s and/or adults’ barred list check(s) – To be eligible to request a check of the children’s or adults’ barred lists, the position must meet the new definition of regulated activity. There are a small number of other positions for which you can also request list checks."

DBS check eligibility guide

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/152795/eligibility-guidance.pdf

*****

DBS check requests: guidance for employers 

https://www.gov.uk/dbs-check-requests-guidance-for-employers

*****

2/6/13

Response from Ministry of Justice (Jeremy Wright)

"IMPLEMENTATION OF REFORMS TO THE REHABILITATION OF OFFENDERS ACT 1974

The critical prerequisite for the commencement of the reforms is to put in place a system for producing basic disclosure certificates, which show unspent convictions, which reflects the new rehabilitation periods in England and Wales. Until we do that there would be no way for an individual to obtain an official statement of their unspent convictions under the new rules.

Currently, basic disclosures reflecting the existing rehabilitation periods are available from Disclosure Scotland and this service is provided to residents of England and wales as well as scotland. However, the reforms to the RoA only revise rehabilitation periods for England and Wales, leaving the position in Scotland unchanged under its legislation. This complicates matters and creates two different rehabilitation regimes within the UK.

One option to address this situation is to agree with Disclosure Scotland that they will provide two differential basic disclosure services, one reflecting the rules in Scotland and the other the rules in England and Wales. Another option is for the Disclosure and Barring Service to initiate a basic disclosure service for England and Wales which adheres to the reformed rules in this jurisdiction. Neither of these options is straightforward and there are significant business and technical issues to work through.

Whilst this Department leads on the rehabilitation of offenders regime, it is the Home Office which has oversight of the Disclosure and Barring Service and the Scottish Government which has overall responsibility for Disclosure Scotland.

I cannot give a specific commencement date at present, but I recognise the frustration the delay is causing and can only reiterate that our aim is to have the reforms in place at the earliest possible point."

http://forum.unlock.org.uk/default.aspx?m=22010&f=22&p=1#m22012

Monday, 27 May 2013

The Government Is Seeking Leave To Appeal This Decision

11th May 2013

The retention and disclosure of criminal records

"There has been some debate over two particular issues relating to criminal records checks: the disclosure of non-conviction information and the disclosure of old and minor convictions.
The Government has recently legislated (via the Protection of Freedoms Act 2012) to introduce a number of new safeguards relating to the disclosure of non-conviction information, such as a new independent disputes process.

The Court of Appeal ruled in January 2013 that the mandatory and blanket disclosure of convictions as part of a criminal records check was incompatible with Article 8 of the European Convention on Human Rights (right to respect for private life). The Government is seeking leave to appeal this decision. The Government has also proposed legislation to introduce a new filtering mechanism to restrict the disclosure of old and minor convictions. This legislation requires the approval of Parliament before it can come into force."

http://www.crimeline.info/news/the-retention-and-disclosure-of-criminal-records

The retention and disclosure of criminal records

http://www.parliament.uk/briefing-papers/SN06441.pdf

*****

PUBLISHED: 00:20, 29 May 2013 | UPDATED: 00:27, 29 May 2013 

Shoplifters and burglars get the right to work in schools and care homes

">Thousands of criminals will have their records wiped clean

>The changes to the criminal records regime follows a human rights ruling

>Under existing rules anyone wanting to work with children or vulnerable adults must disclose any previous convictions or cautions

>Judgment said disclosing minor offences was a breach of individual's right to a private and family life"

http://www.dailymail.co.uk/news/article-2332432/Shoplifters-burglars-right-work-schools-care-homes.html

Burglars win right to keep convictions secret

http://www.telegraph.co.uk/news/uknews/crime/10085036/Burglars-win-right-to-keep-convictions-secret.html

Friday, 24 May 2013

Learn The Law, Ms Linza Corp

Friday 24 May 2013

HUNSTANTON: Sex offender was working for children’s charity

"The founder of a children’s cancer charity has lodged complaints against police officers over their handling of the work arrangements of a registered sex offender.

Linza Corp, who runs Hunstanton-based Families Against Neuroblastoma, feels let down by Norfolk Police for breaking her confidence.

She has lodged complaints against two officers and Norfolk police say these are under investigation.

Mrs Corp had briefly entered into a contract with a man to set up an external call centre in Norwich to support the charity’s work.

She later leaned that the man was listed on the Sex Offenders’ Register after being convicted of attempting to meet a child following sexual grooming and attempting to incite a child into sexual activity in 2008.

Mrs Corp has stressed that the man had no contact with children or the charity’s computers. She said: “I feel repeatedly let down by the police.”

Mrs Corp had learned of the contractor’s past two weeks ago and contacted the police for advice.

She said she asked the officer to keep her identity a secret [why Linza, no courage of conviction?] and was advised not to tell anyone.

Mrs Corp said she had later received a voicemail from the man to say that the officer had told him that she knew about his past.

She said: “That should have been confidential.”"

http://www.lynnnews.co.uk/news/health/hunstanton-sex-offender-was-working-for-children-s-charity-1-5124380

Monday, 13 May 2013

How Does That Work, Then?

May 11 2013

CRB [sic] checks will keep our children safe [sic]

"CONCERNS for children’s safety have been raised after several school bus drivers were found not to have the relevant CRB [sic] checks.

The services of two coach operators for Stockton Council have been withdrawn after spot checks on school runs found five drivers did not have the appropriate criminal record check.

A spokesperson for Stockton Council said: “The safeguarding of all our children and young people is of paramount importance to us and that’s why as a matter of routine we frequently carry out spot checks on all coach and taxi drivers which operate on our school routes.

“All school coach drivers must have relevant CRB [sic] checks in place and this is a condition of the contract they have with the council."

http://www.gazettelive.co.uk/news/teesside-news/2013/05/11/crb-checks-will-keep-our-children-safe-84229-33315039/

Thursday, April 25, 2013

School bus driver AD, 45, from Cwmavon, convicted of sexually assaulting pupil as he took her home

"A BUS driver has been convicted of sexually assaulting a school girl as he drove her home from school.

AD, 45, was found guilty by the jury of eight men and four women sitting at Swansea Crown Court."

http://www.thisissouthwales.co.uk/School-bus-driver-Alyn-Davies-45-Cwmavon/story-18798632-detail/story.html#axzz2TAUGvvQH

22 May 2013 14:57 BST

Bus driver admits sexually assaulting girl at back of vehicle

"Bus driver: CF admitted the charges.

A bus driver is facing jail after he admitted putting his bus out of service and having a sordid clinch at the back of the vehicle with a 14-year-old girl. CF, 32, has been placed on the sex offenders register after he was spotted kissing the young girl [sic] at the back of the number 17 bus he was driving after he pulled over and put the bus out of service.

He was spotted by a shocked passer by - who reported the incident to National Express Dundee's customer service department."

http://news.stv.tv/scotland/226409-christopher-forbes-had-clinch-at-the-back-of-bus-with-underage-girl/

Former Dundee bus driver put on sex offenders register for schoolgirl kiss

http://www.thecourier.co.uk/news/local/dundee/former-dundee-bus-driver-put-on-sex-offenders-register-for-schoolgirl-kiss-1.95923 

***** 

Published: May 11, 2013 at 3:58 PM PDT

Man accused of trying to touch children at rec facility

"Police are investigating a man suspected of approaching and trying to sexually touch children at a recreational facility in Salem.

A Salem Police Department news release said G "is believed to frequent places where children are present" and try to sexually touch them.

Investigators said G hasn’t abused any children, but worry he may cross the line in the future.

The rec center has security restrictions in place, one of which is running names of visitors through an online national predator database.G was not listed in the database, officials said."

http://www.kval.com/news/local/Man-accused-of-trying-to-touch-children-at-rec-facility-207065931.html

Sunday, 14 April 2013

It's Time For Change - In Law

Posted Yesterday 8:07 PM (GMT +1)

The Facts - Listen Up Employers

">Most people commit a crime but are not caught. One estimate is that only three per cent of crimes result in convictions.

>Home Office research shows that one in three males has a criminal conviction. Drawing on the same research, the report on the Review of the Rehabilitation of Offenders Act, Breaking the Circle, indicates that overall 25% of the population of working age has a conviction.

>More recent research has indicated that 17% of the population between the ages of 18 and 52 have a conviction.

>Half of male offenders and three quarters of female offenders have just one conviction.

>55% of men and 80% of women convicted have an offending history, which last’s less than a year.

>By the age of 25, 43% of men who had offended were classified as ‘desistors’ meaning that they had not offended for five years.

>Research by Working Links confirms this, showing that over 80% of employers who have employed ex-offenders say that they have ‘settled into work well with colleagues performed well’ and have ‘proved to be reliable’.

>60% of employers said ex-offenders ‘perform as well or better than those with no conviction’

>CRB checks have soared from around 1.4million in 2002-3 to over 3.8 million in 2008-9. Since the inception of the bureau, 19 million checks have been completed.

>An estimated 11% of CRB disclosure checks are technically unlawful.

>A 2009 study from the Chartered Institute of Personnel Development found 36.6% of employers would exclude all ex-offenders from their recruitment process. [much worse for 'sex offenders']

>58% of women and 53% of men in prison identified unemployment and lack of skills as issues contributing to their offending.

I would like all those employers that have doubt's about employing ex-offenders to read the information above, it's time for change !"

http://forum.unlock.org.uk/default.aspx?f=33&m=21400

Tuesday, 26 March 2013

One Glorious Step At A Time

26 March 2013 Last updated at 14:43

Criminal record checks to be relaxed

"CRB information file Civil liberties groups are expected to welcome the judgement

Thousands of job applicants will no longer have to face their criminal past being disclosed to employers, under changes announced by the Home Office.

Old and minor cautions and convictions will be filtered out of the information revealed in applications for jobs in England and Wales.

It follows a Court of Appeal ruling in January that blanket checks did not comply with human rights laws.

All serious violent and sexual offences will continue to be disclosed.

Under the proposed legislation, convictions resulting in a non-custodial sentence will be filtered from record checks after 11 years for adults and five and a half years for young offenders.

Cautions will be filtered from record checks by the Disclosure and Barring Service (DBS), formerly known as the Criminal Records Bureau, after six years for adults and two years for young offenders."

http://www.bbc.co.uk/news/uk-21942544

Disclosure & Barring Service - Filtering of old and minor convictions and cautions

http://forum.unlock.org.uk/default.aspx?f=22&m=21020

BREAKING NEWS - Home Office to filter old convictions!!!!! :-)

http://forum.unlock.org.uk/default.aspx?f=33&p=1&m=21004

Two Steps Forward, Three Steps Backward, One Step Forward: my initial thoughts on the proposed 'filtering' scheme

http://forum.unlock.org.uk/default.aspx?f=33&m=21080

Any news on proposals for filtering of minor old convictions

http://forum.unlock.org.uk/default.aspx?f=22&m=16425

Friday, 1 March 2013

Clowns

02/28/2013 11:18

Brampton moves to licence clowns, Santa Clauses & magicians

"Brampton council is moving ahead with plans to licence clowns and other children’s entertainers despite objections from city staff and those working in the industry.

Councillors voted on Wednesday in favour of Coun. Paul Pelleschi’s motion, which would require criminal background checks for clowns, Santa Clauses, magicians and the like. The entertainers would also have to pay a nominal fee."

http://www.citynews.ca/2013/02/28/brampton-moves-to-licence-clowns-santa-clauses-magicians/

Saturday, 16 February 2013

Not Appealing

Last Updated: 15-Feb-13

Case Tracker for Civil Appeals

"Summary Case Details for 20120520

Reference: C1/2012/0520

Title: The Queen on the application of T v Chief Constable of Greater Manchester & Anr

Type: Appeal

Appeal / Application:
from the order of Mr Justice Parker
High Court QBD Administrative Court dated 09-Feb-12

Hearing Status: Fixed on 25-Jan-13

Venue: London"

http://casetracker.justice.gov.uk/listing_calendar/getDetail.do?case_id=20120520