The Scottish Mail on Sunday

Offenders will be allowed to ‘hide’ under-18 criminal pasts

- By Gareth Rose

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’

 ??  ?? ‘GET IT RIGHT’: Tory MSP Liam Kerr says the balance must be correct
‘GET IT RIGHT’: Tory MSP Liam Kerr says the balance must be correct

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