Offenders will be allowed to ‘hide’ under-18 criminal pasts
YOUNG offenders would be allowed to hide their most serious crimes from potential bosses under radical proposals to shake up the criminal record system.
The Scottish Government wants to stop adolescent offending stigmatising people in later life and help those who commit crimes as teenagers to put their troubled childhoods behind them.
It is consulting on a change in the rules on the disclosure of offences.
One proposal would strip all crimes, including rape, drugs offences and even murder, from a basic disclosure check, if committed by someone under the age of 18. However, it has raised concerns that the Government’s determination to help young offenders is putting the public at risk. Businesses warn they cannot be held responsible when things go wrong, if the Government hides a potential employee’s criminal past.
The proposal is contained in the Government consultation entitled Protection of Vulnerable Groups and the Disclosure of Criminal Information.
The Government already plans to raise the age of criminal responsibility to 12, which means anyone aged 11 or younger would be unable to get a criminal record.
Now it is considering erasing the criminal history of young people aged 12 to 17 in basic disclosure checks run for bosses, though they would still show up in higher level checks, such as Protecting Vulnerable Groups.
The consultation states: ‘Ministers consider that we have a duty to help young people move on from early harmful or criminal behaviour and live productive lives when they are ready to do so, whilst ensuring that the disclosure system addresses those who pose risks of serious harm to the public.’
However, it then adds: ‘While youth offending will cease with age in most cases, this isn’t always so. In fact, there are instances where early onset predicts later escalating criminality; it is one of the proven risk factors typically assessed when examining the behaviour of an adult offender.’
The Government insists it is trying to strike a balance between helping rehabilitate teenage offenders and protecting the public – but the Scots Tories warn it has the balance wrong.
Liam Kerr, Scottish Conservative justice spokesman, said: ‘The balance has to be right. Many will look at these plans and think they come down too far on the side of the criminal. If a person with a serious criminal past applies for a job, the employer should have a right to know.’
The Government estimates there are only about 870 disclosures a year referring to 12 to 17-year-olds, but the number involving adults who offended while teenagers is much higher.
David Watt, executive director of the Institute of Directors, Scotland, said: ‘I do believe that everything that happens before a person is 16 should not affect their later life, although if it is very serious there may be an issue.
‘However, we are very quick to hold businesses responsible for things and we cannot do that if we’re not giving them all the information in the first place.’
A Disclosure Scotland spokesman said: ‘For young people who offend, a balance has to be struck to ensure that disclosure of minor crime is proportionate and enables them to move on from troubled backgrounds into employment.
‘The proposals will seek feedback on how Disclosure Scotland checks can support this.’
‘The employer should have a right to know’