We have been instructed to defend in a Disclosure and Barring Service instigated prosecution.
The client has been charged under section 7 of the Safeguarding vulnerable Groups Act 2006.
Applying for Work Whilst Barred
It is a criminal offence to apply for work to which you are barred by the DBS. Section 7 states the following:
7) Barred person not to engage in regulated activity
(1)An individual commits an offence if he—
(a)seeks to engage in regulated activity from which he is barred;
(b)offers to engage in regulated activity from which he is barred;
(c)engages in regulated activity from which he is barred.
(2)A person guilty of an offence under subsection (1) is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding five years, or to a fine, or to both;
(b)on summary conviction, to imprisonment for a term not exceeding 12 months, or to a fine not exceeding the statutory maximum, or to both.
The maximum sentence on conviction for applying for work whilst barred is 5 years imprisonment.
DBS Safeguarding Vulnerable Persons Prosecutions
There are also separate offences for employers failing to conduct checks or permitting people they know or suspect are barred from working in a regulated sector.
Criminal Defence Disclosure and Barring service (DBS)
If you are charged with or under investigation for a Safeguarding Offence then please get in touch. We are experienced criminal defence lawyers.
Can you get a Police Caution Removed?
Along with defending criminal allegations we are also very experienced in applying to the DBS to appeal an application to place someone on the barred list, appealing disclosures on DBS certificates and also applying for the expungement of police cautions or youth warnings (now called youth cautions).
Please get in touch to speak to an expert Disclosure and Barring service (DBS) solicitor.
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