Briefing on Crime Prevention - The Rehabilitation of Offenders - Essay Example

Titus Rock Manickam Order No. 18 November 2007 Briefing on Crime Prevention The rehabilitation of offenders The parallel world of crime has existed with the righteous since ages. Baser instincts like greed, intolerance, maliciousness, murder and vice of every kind have existed side by side, like thorny shrubs, with gracious fruits of righteousness and care. To this day, lawlessness and order continue to co-exist. There is liberty, peace of mind and reward for the law-abiding citizen. But there is detention, prosecution, and conviction for the guilty offender. As late as the mid-20th century, courts were unwilling to set standards for treatment of prisoners, claiming the issues of custody, discipline, security, punishment and limited resources made the situation far too complex for any effective standards to be put in place. The treatment for prisoners used to be inhuman, severe and even merciless, and they languished in solitude till the completion of their prison terms. The mode of correction and retributive actions varied from disciplinary confinements and exile to painful lashes or even death. (Prisoners' Rights) [1] Although we live in better times now, violence and crime continue to take place unabated and the perpetrators are very often seedy by-lane addicts and even highly-placed, sophisticated professionals. Every right thinking citizen in society hopes for the day when the surface of the earth will be crimeless and whatever is left of crime get nipped in the bud. But as of now, everyone is aware this is, at best, a distant dream. The Geneva Convention The Geneva Convention of 27 July 1929 comprising 97 articles, laid down general principles for humane treatment of prisoners at all times. It was a historical landmark which recognized the basic rights of the prisoners such as food and clothing, hygiene, mental and physical recreation, contact by mail with the near and dear ones, and their religious practices. It particularly emphasized on protection of the inmates from acts of violence, insults and public curiosity. (Geneva Convention) [2] The silver lining of the present time is that there is a growing school of professionals and social activists who are firm in the belief that it is possible to prevent crime to a large extent, and in many cases where it has taken place, it is possible to apply corrective measures without resorting to custodial confinement within the four walls of a prison. (Rehabilitation of Offenders) [3] Rehabilitation of Offenders Act, 1974 In England, the Rehabilitation of Offenders Act, 1974, is the landmark legislation towards this effort. It seeks to provide the offender, particularly the youth a second chance to get back on track and join the mainstream with a sense of responsibility and purpose. This act provides opportunity, under some conditions, to the ex-offender to 'wipe the slate clean' and begin all over as if he had not committed any criminal act at any point in his lifetime. Nonetheless, this happens after a period of rehabilitation depending on the gravity of the offence and the custodial sentence awarded as consequence. A rehabilitation period is the length of time set from the date of conviction. Once this period is over, subject to certain conditions and exceptions, an ex-offender does not have to mention his conviction when applying for a job. The Act is likely to help people facing minor convictions. People with many convictions, especially serious convictions, may not find the Act beneficial unless the last convictions are very old. For someone with a criminal record and on the lookout for work, it is necessary to know about the Rehabilitation of Offenders Act, 1974, which explains the legal requirements for both employers and employees, and the rules associated with the rehabilitation period. It is quite a complicated Act and as such, it is advisable to go through it with someone who is familiar with the act. Under this legislation, the conviction is said to be "spent" after the period of rehabilitation is over. The quantum of the sentence decides the period of rehabilitation which may be anytime up to 10 years. The rehabilitation period for sentences up to 6 months is 7 years for offenders above 18 years of age, and 3.1/2 years for those under 18 years. For sentence up to 2.1/2 years, the rehabilitation period extends to 10 years for those above 18 years of age, and 5 years for those under 18. However, a conviction resulting in a prison sentence of more than 30 months can never become spent. Also, there are some exceptions to this Act relating to work with children, the sick, disabled people and in the administration of justice. (Rehabilitation of Offenders Act, 1974) [4] Under this Act, ex-offenders, who become eligible, are given certain employment rights if their conviction becomes "spent." By and large, anyone convicted of a criminal offence and who is not convicted of a further offence during the rehabilitation period becomes a rehabilitated person. As a result, the conviction does not have to be declared for most purposes, such as applying for a job. The said employees are also given protection against unfair treatment and prejudice in any circumstance because of his past conviction. (Acas - Rehabilitation of Offenders) [5] Thanks to the efforts of various NGOs, social activists, and concerned citizens, the mindset with regard to the understanding and treatment of prison inmates is changing. There are more facilities in prisons and there is greater inclination favoring rehabilitation instead of incarceration of the offender in spite of the complex risks and needs involved. With special emphasis on the youth offender, the shift is beginning to be felt towards community-based rehabilitation programs that serve to educate and sensitize the offender on social obligations alongside deterrence, and prevents him from returning to criminal activities in future. There is also an encouraging shift on community-based options in sentencing, residential and aftercare services, community partnerships, skill-based activities, and approach to offenders with special needs. The traditional practice of imposing fines and punishments of the criminal justice system is giving way to more humane and effective methods of rehabilitation. It is by no means an easy task to blueprint a rehabilitation package that addresses the needs of hardened, hardcore offenders, particularly for those with mental disabilities and others convicted of sexual offences. However, every conceivable input must be utilized to fix the imbroglio. (Conference on the Rehabilitation of Young Offenders) [6] Section 5 of the Police Act, 1997, provides for certificates of criminal records to be readily available. Consequently, the Criminal Records Bureau (CRB), an executive agency of the Home Office, was set up to provide these certificates to help employers make safer employment decisions by checking the background of individuals. The CRB provides this service for England, Wales and Northern Ireland through its Disclosure service. Scotland has its own system called the Scottish Criminal Records Office SCRO). A Disclosure is a comprehensive document containing details of an individual's criminal record that includes convictions, cautions, reprimands and warnings held on the Police National Computer. (Rehabilitation of Offenders) [7] Normally, most companies include a statement necessitating a CRB Disclosure certificate as part of the recruitment process. Candidates called for interview are asked to provide details of their criminal record, if any, at an early stage in the application process. Disclosures are meant to be treated with utmost confidence, failing which employers stand the risk of being taken to task. Candidates having a criminal record will not necessarily be barred from working with any firm. This depends on the nature of the offence. Such applicants are required to acquire a CRB Disclosure for job vacancies. A Disclosure is mandatory if, after a thorough risk assessment, there is the likelihood that one is relevant to the position concerned. If relevant, all application forms will contain a statement to the effect that a Disclosure will be requested in the event of the individual's selection for employment. Employers, on their part, are required to assess applicant's suitability for positions of trust, and comply fully with the CRB Code of Practice in all fairness towards the applicant, and not to discriminate unfairly against any subject of a Disclosure on the basis of conviction or other information revealed. Employers must ensure that those of their staff involved in the recruitment process have been suitably trained to identify and assess candidates for whom the Disclosure clause applies under the Rehabilitation of Offenders Act 1974. (Job Vacancies) [8] The Rehabilitation of Offenders Act, 1974, has wide scope and ramifications for all countries the world over. Over 30 years have passed since this Act was passed, and it must be reviewed and modified in view of the changing times and needs. It is difficult to convincingly say that the issue of rehabilitation of offenders is satisfactorily settled in all its fullness. There is too much at stake such as the welfare of society, security issues, law and order, deterrence, human rights, and so forth. Nevertheless, the light of salvation and truth must continue to spur everyone to reach out and rehabilitate those unfortunately lost in darkness. (Home Office, A Review of The Rehabilitation of Offenders Act, 1974) [9] Sources: 1. Prisoners' Rights, http://www.answers.com/topic/prisoners-rights. 2. Geneva Convention of 27 July 1929, Relative to the Treatment of Prisoners of War, http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/57JNWS). 3. Rehabilitation of Offenders, www.nextstepstw.org.uk/RehabilitationofOffenders.html. 4. The Rehabilitation of Offenders Act, 1974, www.lawontheweb.co.uk/rehabact.htm. 5. Acas - Rehabilitation of Offenders, www.acas.org.uk/index.aspxarticleid=1166. 6. Conference on The Rehabilitation of Young Offenders, www.asc41.com/caw-cfp%20attachments/Rehabyoungoffenders.pdf. 7. The Rehabilitation of Offenders, www.croner.co.uk/Croner/Factsheets/employment/133-2_RehabilitationofOffenders.pdf. 8. Job Vacancies: Rehabilitation of offenders, www.newvic.ac.uk/jobs/application/offenders.htm. 9. Home Office, A Review of The Rehabilitation of Offenders Act, 1974, www.homeoffice.gov.uk/documents/cons-2001-rehab-offendersview=Html Read More