A Letter To The Home Office (Part 2)

Not yet sent, being proof-read. Recent additions in sand.

*****

To: The Rt Hon Theresa May MP

xx/12/2012

Dear Ms May,

I wish to survey your thoughts, and the official position and intention of the Ministry/Government, on the following issues:


**********

Issue 1

R v Wiles (2004): Ramifications For Police Forces And Those Who Are Required To Register, Under The Sexual Offences Act 2003

I am sure that you are aware of this document (www.unlock.org.uk/userfiles/file/IAG/SORExtendedSentence.pdf).

The main thrust, of the implications of Wiles, is understood, if not agreed upon..

I request clarification, of the following passage, and how it should impact, consistently, on all police forces, in regards to them relinquishing people from (or maintaining them within), notification requirements:

"... to make sure that they have applied the effects of this judgement from at least 1 April 2005."

Please provide a more extended explanation, of what this passage is meant to convey, and, in particular, the nature of the phrase 'at least' and:

e.g. does it mean, that Wiles is retrospective, based on sentencing, prior to Wiles and/or 1/4/2005?

e.g. does it mean, that the requirement to notify, is retrospective, based on sentencing, before 1/4/2005, in light of Wiles?

If the answer to either of these question is "yes", what does the government intend to do, so as to rectify this situation, by legislation (I am sure that you are aware, that the whole construct, of the 'Extended Sentence'; was different, prior to that date and, in fact, earlier to it, than to what it is now).

If your answer, in terms of intention, is "nothing", why not?

On R v Wiles
http://criticalestoppel.blogspot.co.uk/2012/08/on-r-v-wiles.html

A Letter To The Home Office (Part 1) 
http://criticalestoppel.blogspot.co.uk/2012/08/on-r-v-wiles-letter-to-home-office-part.html

What Is 'Imprisonment'? 
http://criticalestoppel.blogspot.co.uk/2012/08/76-meaning-of-custodial-sentence.html 

Sexual Offences Act 2003
http://www.legislation.gov.uk/ukpga/2003/42/part/2


**********

Issue 2:

Re-Balancing The Notification Periods: In Light Of The Legal Aid, Sentencing and Punishment of Offenders Act 2012

I am sure, that any reasonable person would agree with me, that the excellent work carried out by Lord Dholakia, and his colleagues (leading to the amendments of the ROA 1974 (via LASPOA 2012)), is one small, but, very important, step, in enabling those who have served their debt to society (and more), towards integration as good-standing and productive members of that society. I do have to say, in these days, it is relatively brave and rare, for a government to support such amendments.

Prejudice and persecution, against people, such as myself, are rife, within our communities; that can never be 'a good thing'.

It is now illuminating, to consider the intention of Parliament, when the original Sex Offenders Bill (1996) and Act (1997), were being created:

"The Bill

The Government published its Sex Offenders Bill on 18 December 1996 ... For present purposes, we will focus on Part 1 ... which in turn constituted five clauses, specifying the offenders who will have to register and for how long they will be required to register; describing what information must be supplied and how; making failure to comply with the requirements an offence; outlining the position of young offenders (i.e. under 18 years); and empowering courts to issue certificates stating details of the court hearing. How did the Bill compare to the Consultation Document? First we should note that, although putting forward options, the Consultation Document did contain what might be called the Government's 'preferred options'. These included, firstly, that we did actually have registration requirements, and that their duration should match that of the Rehabilitation of Offenders Act 1974. (my emphasis). Failure to register was to be an absolute offence and the provisions should not be retrospective; the offence of failing to register would be a summary one. Registration was to be in the locality where the offender lived. The Government wanted access to the information on record to be given to those engaged in child protection activities.

The Bill reflected all of these 'preferred options' (my emphasis), although again had nothing directly to say on the subject of allowing access to registered information. It is true to say that the Government continually held the line on all its preferred options, although some were held more easily than others."

(Thomas, T. (2000), Sex Crime: Sex Offending and Society, pg. 108-109, Willan).

The arguments, which the present government supported, towards the LASPOA 2012 amendments, are parallel in nature to those considered, during their creation, and are on record, in the usual places.

I need not comment, here, about the continuing, draconian, populist, mission creep, within the notification requirements, which a person in my position suffers. I have stated such, here, and no doubt, will do so again, in the future:

The Creation of Fresh Pariahs
http://therealosc.blogspot.co.uk/2012/05/creation-of-fresh-pariahs.html

This is particularly irritating, in a personal sense, as it rests only.on Wiles,  which I (amongst others) see as per incuriam, in itself. It is galling and offensive, to one such as myself, who presents no more a risk to society, than any man in the street (and never has - quite the opposite, in fact).

So, the question is this; does the government intend to re-balance the notification periods, with those in the LASPOA 2012 amendments and with the original intention of Parliament?

If that answer is "no", why not?

The Legal Aid, Sentencing and Punishment of Offenders Act 2012
http://www.legislation.gov.uk/ukpga/2012/10/part/3/chapter/8/enacted

Rehabilitation of Offenders Act 1974 
http://www.legislation.gov.uk/ukpga/1974/53 (requires correction, at the time of writing, via Commencement)

Sexual Offences Act 2003
http://www.legislation.gov.uk/ukpga/2003/42/part/2

Rehabilitation of Offenders (Amendment) Bill [HL]: Second Reading
http://www.publications.parliament.uk/pa/ld201011/ldhansrd/text/110121-0001.htm#11012142000397

Rehabilitation of Offenders (Amendment) Bill
http://news.bbc.co.uk/democracylive/hi/house_of_lords/newsid_9367000/9367178.stm

Breaking the Cycle: Effective Punishment, Rehabilitation and Sentencing of Offenders
http://webarchive.nationalarchives.gov.uk/20120119200607/http:/www.justice.gov.uk/consultations/docs/breaking-the-cycle.pdf


**********

Issue 3:

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 - Commencement

Do you have any further guidance on (or dates applying to) when the periods, described in Issue 2, are likely to be 'Commenced'?

**********

Issue 4:

The ICPC

Regarding the ICPC, I received this email, from your representative:

"public.enquiries@homeoffice.gsi.gov.uk

19 Oct
to me
Dr Nigel Leigh Oldfield,
Reference : T14916/12
Date: 19-Oct-2012

TREAT OFFICIAL CORRESPONDENCE

Thank you for your e-mail of 18/10/2012 8:11:07 PM.

The matters you have raised are the responsibility of Department for Education.

We have therefore transferred your e-mail to DfE, who will arrange for a reply to be sent to you.

Transfer Desk"

Please provide, in as much detail as possible, to whom my request was redirected.

For the record, I do not believe, for one moment, it is the responsibility of the DfE; Do you?


**********

If you believe that any of my requests relate better to The Ministry of Justice, please redirect my email to them, informing me that you have done so and to whom. You may treat this as a request, under the Freedom of Information Act 2000, if you so desire.

For the record, it is very likely, that these communications will be shared with my local Member of Parliament and, possibly, in later legal action(s). They may, also, be posted online.

A copy of this email is posted at:

http://criticalestoppel.blogspot.co.uk/2012/12/a-communication-to-our-home-secretary.html

... with active hyperlinks, where appropriate.

A copy of this email has been sent to the Rt Hon Theresa May MP, and my PPU, by Royal Mail.

I look forward to your reply, which is preferred, by email.

Yours Sincerely,

Dr Nigel Leigh Oldfield
wmcriticalestoppel@googlemail.com
http://criticalestoppel.blogspot.co.uk
http://therealosc.blogspot.co.uk

**********

Nigel.

*****

Addendum (2/8/13)

"The Rehabilitation of Offenders Act 1974 is an important piece of legislation. It is designed to help people with a criminal record get back into work by allowing their record to become ‘spent’ after a period of time, provided they have not reoffended.

Once a record is spent, this means that the person is no longer required to declare their offence to a prospective employer. At this point, as the Act says, they are ‘entitled to be treated for all purposes in law as a person who has not been convicted or sentenced’."

http://www.nacro.org.uk/what-we-do/resettlement-advice-service/reforms-to-the-rehabilitation-of-offenders-act/what-is-the-rehabilitation-of-offenders-act-1974,1346,NAP.html

**********

Nigel.

The UK Nightmare

The American Dream, USA Inc. George Carlin

The American Dream Film-Full Length

Nigel.

Contemporary Slavery In The UK

"What is forced labour?

What is the problem?

Forced labour is any work or services which people are forced to do against their will under the threat of some form [of] punishment. Almost all slavery practices, including trafficking in people and bonded labour, contain some element of forced labour."

Home \ English \ Slavery Today \ Forced Labour

Forced labour: contemporary slavery in the UK

"Influencing the development of policy and practice to reduce forced labour in the UK.

Our overall goal is to contribute to a reduction in forced labour in the UK by highlighting the issue with new, strong evidence on the extent of forced labour and interventions that might help eradicate it; and identifying practical solutions and sharing best practice in supporting victims of forced labour."

Home / Our work / Forced labour: contemporary slavery in the UK

*****

The Queen (on the application of) Caitlin Reilly and Jamieson Wilson -v- Secretary of State for Work and Pensions

Neutral Citation Number: [2012] EWHC 2292 (Admin)

Reilly - CO/260/2012 and Wilson - CO/1087/2012

"174 ... it does have to be said that the sbwa scheme, and indeed the CAP, are a very long way removed from the kind of colonial exploitation of labour that led to the formulation of Article 4. The Convention is, of course, a living instrument, capable of development to meet modern conditions, and views may reasonably differ about the merits of a scheme that requires individuals to “work for their benefits” as a means of assisting them back into the workplace. However, characterising such a scheme as involving or being analogous to “slavery” or “forced labour” seems to me to be a long way from contemporary thinking.

Mr Walsh’s first witness statement refers to details of research which it is suggested shows that schemes like the CAP can and do have a beneficial effect in relation to the obtaining of work by the long-term unemployed. It is no part of the court’s function to evaluate that evidence or to comment on its Judgment Approved by the court for handing down. Reilly & Wilson v DWP validity. However, if valid, its existence would reinforce the view that a scheme like the CAP does not offend Article 4.

175. Whilst the argument in Nikiforova concerned different Regulations (see paragraph 52 above), the approach of Bean J and the Court of Appeal in that case supports this conclusion.

176. For these reasons, briefly stated, I do not consider that either scheme is contrary to Article 4, nor do I consider that there has been any breach in Miss Reilly’s case."

 *****

Welfare Reform Act 2012

The Jobseeker’s Allowance (Sanctions) (Amendment) Regulations 2012

The Jobseeker’s Allowance (Mandatory Work Activity Scheme) Regulations 2011

March 2011

Report

"The Purpose of the Mandatory Work Activity Scheme

15. The Committee, along with some respondents, set out a concern regarding the intention of the scheme, likening it to a punishment, rather than a supportive employment programme.

16. The Government does not accept this position. The Mandatory Work Activity Scheme is targeted at those customers who have demonstrated that they require support to gain work related disciplines and re-engage with their search for work, as well as failing to voluntarily engage in the support that is offered by Jobcentre Plus. The Mandatory Work Activity Scheme is not a sanction, or a punishment, but has been developed in recognition that some customers require additional support."

The Jobseeker’s Allowance (Employment, Skills and Enterprise Scheme) Regulations 2011 

Jobseekers Act 1995

*****

Posted on December 14, 2012

Could Mandatory Work Activity be on the Brink of Collapse?

"An evaluation of the Government’s Mandatory Work Activity (MWA) scheme, commissioned and published by the DWP, reveals that welfare-to-work companies are struggling to find enough placements for all those forced into unpaid work. In a further blow to the DWP’s plans for mass workfare, this report was released before several major charities, including Scope, British Heart Foundation, Age UK and Cancer Research announced they were pulling out of the scheme."

RR 823 Evaluation of Mandatory Work Activity - December 2012

Read summary
Read full report

Mandatory Programmes Official Statistics - November 2012
Mandatory Programme Statistics August 2012

*****

November 11, 2012

Government So Ashamed of Workfare it Blocks Information about it

"The Department of Work and Pensions is refusing to publish the names of charities and businesses where tens of thousands of unemployed people are being made to work without pay for four weeks at a time."

Is the Work Programme really Forced Labour/Slavery in the UK?

Between decent work and forced labour: examining the continuum of exploitation
 
Between decent work and forced labour: examining the continuum of exploitation
 
Nigel

Working On A Big Project - At Long Last

"The sex offender register is arguably a prime example of criminal justice policy made at a political level in response to perceived populist demands and with no real supporting experience or research to support it."

"Politicians have pushed it in directions that suit their own purposes and practitioners and campaigners have been able to push it in the directions that they want. The pushing in question has often been based on a high profile crime against a child and that is very difficult to argue against. In the meantime the register has become more burdensome and pressing on the human rights of those required to notify."

The Sex Offender Register - A measure of public protection or a punishment in its own right?
Terry Thomas, Leeds Metropolitan University

Nigel