Someone in the audience at yesterday’s TUC conference mentioned this briefly. I was aghast at this judgement and agree with Liberty when they say:
The judgement “forgets the privacy rights of millions of people”. She said: “Exceptions to the Rehabilitation of Offenders Act and the net of employment vetting are being cast so wide that people will be forever haunted by the minor indiscretions of their youth. “We need a tighter rein on the circumstances when spent convictions can be disclosed.”
There’s a recession which means unemployment so this further measure will only serve as an obstacle for many people by keeping them out of the job market. One case that was mentioned in court of was an individual who had stolen a packet of meat costing 99pence when they were still a kid way back in 1984. Oh, and they were fined £15! A disproportionate punishment if ever…. Why should that spent conviction be still lurking around 20-odd years later? And used for vetting job applications (also can be shared with other organisations).
The reasoning for the judgment: “If the police say rationally and reasonably that convictions, however old or minor, have a value in the work that they do, that should, in effect, be the end of the matter,” said Lord Justice Waller, sitting with Lord Justices Carnwath and Hughes.
Every aspect of your life, no matter how long ago it was, will be vetted and scrutinised.And you will be forever haunted by something you committed many many years ago that you may have forgotten about. People move on, life moves on, time moves unfortunately a minor spent conviction will remain static. What about a right to privacy? It seems like people are not allowed to make mistakes and be allowed to move on from them. Why should stealing 99 pence worth of meat in 1984 be relevant now? And I am sure any ‘blemish’ on your character will be under the HR microscope when you apply for jobs ….and previous history of mental distress is already thrown back at employment candidates….
What kind of society is being created? People will have a past, made mistakes, developed, evolved, and moved on. People are complex, contradictory, and multi-faceted. With this current judgement that is not being reflected instead there’s desperation for people without a past of any kind. This will inevitably lead to further mistrust and…. lying on your application form (‘to admit to your previous minor offence or not to…..that is the question’). And from personal experience, I know how that feels like because you know damn well that past/current mental health history will not be looked at in an objective way and whether it is actually relevant information in relation to the job application. Same now with past minor convictions.
This also reminded me of what Richard Wilkinson said yesterday regarding high prison population in rich unequal societies and punitive sentencing this in relation to California where there are around 350 people serving life ….for shop lifting. The reason for this unjust and barbaric sentence is based on the punitive 3 strikes notion.
Again what kind of society are we becoming? This judgement is wholly disproportionate
People are imperfect not perfect and anyway…so what! Why should it matter….