England and Wales Propose Child-Crime Disclosure Reform

Daniel Okafor

England and Wales would remove automatic lifelong disclosure for five offences committed under 18, but retain it after longer custodial sentences, justice minister Jake Richards said.

The proposals would also shorten disclosure for some convictions, end automatic disclosure for out-of-court resolutions and reform how quickly convictions become spent. Ministers are consulting on the measures, which form part of a wider government effort to sharply reduce the number of children in custody and increase support for children convicted of crimes.

What would change under the proposals?

The consultation would reduce the number of offences that trigger lifelong disclosure on standard and enhanced DBS checks. A conviction for violent disorder, supplying drugs to a child, robbery, affray or actual bodily harm would no longer lead to automatic lifetime disclosure when the offence occurred under 18.

The proposed disclosure period would depend on the sentence:

• No custodial sentence: disclose for five and a half years.
• A sentence of two years or less: disclose for 11 years.
• A longer custodial sentence: disclose for life.
• A conviction resulting in a fine: no disclosure, instead of the six months required under current law.

The plan would apply to people in England and Wales whose qualifying offences occurred before 18. Their reporting duty would follow the sentence rather than continue automatically for the rest of their lives.

Anyone given a longer custodial sentence would still have a lifetime obligation to tell prospective employers. The proposal therefore narrows rather than eliminates disclosure for youth convictions, with sentence length setting the reporting clock.

For a conviction resulting in a fine, the proposal removes the duty to report it. It does not substitute a shorter period; the six-month requirement ends.

The reporting duty applies through standard and enhanced DBS checks. The person convicted must tell a prospective employer when a relevant conviction falls within the applicable period.

In the UK, standard and enhanced DBS checks are required for jobs including teaching and early years working, social work, healthcare and transport jobs, including taxi driving. Employers in those sectors would apply the new disclosure timetable if the proposals become law.

Why is the government seeking a second chance?

Richards framed the change as a policy of second chances. He told The Guardian:

“Where it’s safe, we believe as a government, people should have second chances – second chances to make something of themselves, to contribute to work and to turn their back on crime.

“The system at the moment doesn’t discern for offences committed when you were a child than those that you committed as an adult.”

Ministers said the reforms could make life fairer for people from disadvantaged backgrounds in particular. They also say the changes will boost youth employment.

What else is in the package?

Two other changes sit outside sentencing. First, the government proposes ending the automatic disclosure of any out-of-court resolution. Second, it would end a rule that lengthens how long a conviction takes to become spent if the person is convicted of a second crime during the rehabilitation period.

These measures remain subject to consultation. The wider package also aims to sharply reduce the number of children in custody and increase support for those convicted of crimes.

Who says the reform could improve hiring?

According to The Guardian, campaigners welcomed the proposals and said they would boost youth employment. The report also said companies regard criminal convictions as the second biggest barrier to employing people from disadvantaged backgrounds.

For employers using standard or enhanced DBS checks, the proposed rules would change how long qualifying convictions remain disclosable. The current six-month rule for convictions resulting in fines would disappear, while custody length would determine whether disclosure lasts five and a half years, 11 years or life.

The immediate test is whether the consultation leads to legislation. If enacted, prospective employers would receive youth-conviction details for five and a half years or 11 years under the shorter tiers, while longer custodial sentences would still require lifelong disclosure.