Impact of Management of Offenders Act on Disclosure Awareness Session
On 30 November 2020, new legislation including the Age of Criminal Responsibility (Scotland) Act 2019 and the Management of Offenders (Scotland) Act 2019 came into force, transforming the disclosure system in Scotland. These changes raise the age of criminal responsibility, reduce rehabilitation periods, and impact disclosure processes at various levels. The reforms aim to strike a balance between safeguarding communities and supporting individuals in moving past their criminal history to seek employment and positively contribute to society. The upcoming Disclosure (Scotland) Act 2020 will further revolutionize the disclosure system.
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Management Of Offenders Act Impact on Disclosures awareness session December 2020
On 30 November 2020, the following legislation comes in to force- Age of Criminal Responsibility (Scotland) Act 2019 ( ACR ) Management of Offenders (Scotland) Act 2019 ( MoOA ) MoOA, ACR, and in due course the Disclosure (Scotland) Act 2020, will provide a transformed disclosure system which can better account for individual circumstances
Age of Criminal Responsibility (Scotland) Act 2019 Impact on Disclosure of Criminal information ACR Act will raise the age of criminal responsibility in Scotland from 8 to 12 It will no longer be possible to acquire a criminal conviction on the basis of behaviour that occurred under the age of 12 There will be no disclosure of any pre-12 convictions, on any level of Disclosure. Instead, on higher level disclosures, information may be shared as ORI Pre-12 information may only appear on a certificate as ORI (following review by Independent Reviewer)
Management of Offenders (Scotland) Act 2019 Impact on disclosure of criminal information The rehabilitation periods (to be called disclosure periods in the future) are being reduced for many sentences Parliament agreed that current disclosure periods are too long. Employment and the skills, opportunities and hope that it brings, can support routes out of offending, thereby contributing to safer communities. These important reforms balance the requirement for safeguards to understand a person s recent offending behaviour with the need to allow people to move on with their lives to seek gainful employment, support their families and contribute positively to their communities. -Justice Secretary Humza Yousaf This will impact basic disclosures. These changes will indirectly impact higher level disclosures as HLC rules will apply sooner
Management of Offenders (Scotland) Act 2019 Some examples of common disclosure periods changing- Further details can be found on gov.scot website: https://www.gov.scot/publications/disclosure-periods-previous-convictions-alternatives-prosecution-scotland-under-rehabilitation- offenders-act-1974/
Some key points Impact on Basic Disclosures More changes to the Disclosure system are on the way The Disclosure (Scotland) Act 2020 will transform the Disclosure system achieving a better balance Immediate impact on hundreds of thousands of criminal convictions Overnight this legislation changes the way convictions are disclosed For most people this will be hugely positive The Management of Offenders Act (Scotland) 2019 is an amendment to the Rehabilitation of Offenders Act 1974 Not a replacement
Disclosure (Scotland) Act 2020 Impact on Disclosure of Criminal information Childhood Convictions No automatic disclosure for convictions accrued under the age of 18. Any decision to disclose subject to review procedure Application to remove convictions Introduces a swift application process for removal of relevant spent convictions with a right to apply to an independent reviewer. Significant reduction in Disclosure Periods These are the periods that occur after a conviction becomes spent but remain disclosable on higher level certificates
Some key points Impact on Basic Disclosures More changes to the Disclosure system are on the way The Disclosure (Scotland) Act 2020 will transform the Disclosure system achieving a better balance Immediate impact on hundreds of thousands of criminal convictions Overnight this legislation changes the way convictions are disclosed For most people this will be hugely positive The Management of Offenders Act (Scotland) 2019 is an amendment to the Rehabilitation of Offenders Act 1974 Not a replacement
Alliance group formed in 2017 Aim of securing opportunities for people with convictions to lead positive, healthy lives that contribute to society Reduce both the stigma of having a conviction and the barriers, through employment and education for individuals with convictions Contact: ScotlandWorksforYou@gov.scot Image result for access to industry logo Image result for the wise group uk Image result for release scotland logo
