St Giles has joined a coalition of charities and organisations led by the Prison Advice and Care Trust (PACT) to call for the removal of Clause 35 from the Sentencing Bill currently before Parliament.
Clause 35 proposes the public disclosure of names and photographs of people carrying out unpaid work as part of their community sentence. While the Bill contains many positive measures, we believe this clause will have serious unintended consequences for rehabilitation and for families affected by the criminal justice system.
Publicly naming and shaming individuals will make it harder for them to rebuild their lives, secure employment, and find housing. It will also deepen the stigma faced by thousands of family members, including children, who already experience what is often called a “hidden sentence” when a loved one is punished for a crime.
This change would bring unintended, yet undeniably harmful consequences for many thousands of children and young people whose parents are subject to unpaid work requirements. These consequences could take several forms:
Stigmatisation and bullying, in particular at school, where public exposure of this kind can have a serious impact on children’s education.
Physical threats of violence or vigilantism. In extreme cases, children have had to change schools or even change their names because they have faced harassment following public exposure of a parent’s criminal record.
The emotional and psychological impact of stigma and shame, where children feel implicated or judged by association.
Tracey Burley, CEO of St Giles, said:
We have signed up to this campaign because Clause 35 risks causing lasting harm to families and children. Rehabilitation should be about giving people the chance to change, not creating barriers that follow them for life. Public shaming does nothing to reduce reoffending and instead punishes innocent family members. At St Giles, we believe in solutions that support people to move forward and protect the wellbeing of children impacted by the justice system.
The Ministry of Justice has acknowledged these concerns and confirmed that exemption criteria will be developed to protect vulnerable individuals and children. However, exemptions do not address the fundamental problem: public shaming undermines rehabilitation and creates lifelong stigma.
That’s why St Giles is happy to support PACT’s campaign in calling for Clause 35 to be withdrawn entirely.
Find out more and support the campaign on PACT’s website: Scrap Clause 35