Welcome to the online consultation forum for the Law Commission's Tenth Programme of Law Reform.

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Below are the posts made before 1st March, 2007. These have been summarised in the discussion areas, but you can read them in full if you’d prefer.

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Rehabilitation of Offenders Act 1974 and Police Act 1999

Posted by Macdan on 08/02/2007 - 16:18

Summary of reasons for reform

• Ex offenders are not getting a fair opportunity to enter employment or training; the circle of crime and unemployment is being perpetuated; yet employment has a major effect in reducing repeat offending;

• The policy focus is concentrating on high profile sex and violent offenders and ignores the needs of the vast majority of other ex-offenders;

• The scheme of rehabilitation periods and spent and unspent offences is complex, has not kept up with sentencing policy and is widely misunderstood;

• Employers are not helped in conducting effective risk assessments and tend to reject ex -offenders without effectively assessing their suitability;

- the range of exempt jobs and occupations is now so wide as to be irrational and certainly misunderstood;

• It is difficult for non-lawyers (and lawyers) to understand or interpret Disclosures from the Criminal Records Bureau;

• The CRB Code of Practice to prevent unfair discrimination is widely ignored;

- non-conviction information is supplied by the police to employers without the individuals prior knowledge or consent or the chance to correct inaccuracies or comment on circumstances;

- removing entries from the PNC under the old weeding rules or the new retention of nominal records rules is not working;

• A major guidance and awareness campaign is needed, unfair discrimination should be outlawed and key modernising reforms in the law and practice are highly desirable.