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PVG and the Disclosure of Criminal Convictions – CJS response

The consultation is of relevance to CJS as an employer and also as a public body with a corporate plan commitment to ensure the effective reintegration into the community of people who have been convicted. Access to employment, housing, learning and volunteering are all routes to providing people with the opportunity to reintegrate successfully, to aid their rehabilitation and ultimately to reduce the likelihood of further offending. The proposals to amend the various disclosure regimes which currently govern the access to certain roles are therefore of direct relevance to CJS.

We acknowledge the point made in the foreword to the consultation that disclosure must strike a balance between safeguarding our communities on the one hand and enabling people to get into work. We agree that the current system is complex and that a more proportionate system must be developed, taking account of risks where they exist but also to allow for rehabilitation and reintegration. It is clear from research that after a period of 7-10 years with no further convictions, a person with a historic conviction presents no greater risk than those without a conviction.

Read full response here

Age of Criminal Responsibility – Consultation Response

Community Justice Scotland (CJS) welcomes the Age of Criminal Responsibility (ACR) Bill. We believe any measures which decriminalise our response to children and young people’s negative behaviours, is a positive move. The raising of the ACR is long overdue in Scotland and has unintentionally contributed to intergenerational issues for society by criminalising the most vulnerable individuals in society. CJS believes that children and young people’s behaviour is supported through the Children’s Hearing System on wellbeing grounds and not criminalised. We believe the Scottish Parliament should take an evidence based approach to setting an ACR. CJS notes that the ambition to support Children and Young People’s wellbeing can often be confused with the ACR. Whatever age is set, our response to children and young people should remain compassionate and responsive.

Read the full consultation here

Management of Offenders (Scotland) Bill – Consultation Response

Outline

Community Justice Scotland welcomes the Management of Offenders (Scotland) Bill which makes provision for electronic monitoring, periods of disclosure and the functions of the Parole Board for Scotland with the overall aim of transforming justice in Scotland and improving rehabilitation. We recognise the ambition by the Scottish Government to balance the new advances in EM with the rights of people with convictions or accused of a crime with those of victims and witnesses and the wider community. The use of new technologies can support the Scottish Government’s intention to maximise community based interventions. Likewise, CJS welcomes the proposed amendments to the Reform of the Rehabilitation of Offenders Act 1974. CJS believes this is an appropriate revision to disclosure. We believe however, that the Bill should be even more ambitious.

Read the full consultation here

Remand – written evidence submission

In January 2018, Community Justice Scotland produced written evidence on remand to the Justice Committee.