Child offences can stop youths from gaining work

Vulnerable young Scots are unknowingly agreeing to have a criminal record until the age of 40, leaving many unable to get jobs and university places.

Senior staff at the Scottish Children’s Reporter Administration, the Scottish Children’s Commission and other

bodies, have warned youngsters are being stigmatised by appearing at Children’s Hearings without legal advice, and agreeing they have carried out offences.

These misdemeanours are then uncovered if, later in life, they undergo enhanced disclosure checks.

In one example a young man had a job application rejected because a disclosure check revealed that at 14 he agreed to the panel that he had committed sexually inappropriate behaviour.

He had 12 months of counselling and has never reoffended.

What the disclosure does not explain is that the offences were minor and related to him smacking women’s bottoms.

Under the 1974 Rehabilitation of Offenders Act, offences agreed to at a welfare-based hearing will stay on a child’s record for 20 years or until they are 40, whichever is longest.

Experts say this is an unintended consequence and that only those who pose a major risk should have offences recorded.

Maggie Mellon, of the Scottish Law Centre , which organised the group meeting, said: “We are punishing young people for a decision based on their needs as a child. It is entirely wrong.”

A Scottish Government spokesman said: “We believe serious offences should continue to appear on disclosure certificates.

“We need to strike the correct balance between public safety and the rights of the individual.”