Medical and Regulatory Law Specialist Barristers | England, Wales, UK | London, Manchester & Regional
Disclosure and Barring Service (DBS) Barred List Breach Prosecutions
We advise and represent individuals who face investigation and criminal prosecution for breaches of the barred list statutory restrictions against engaging in ‘regulated activity’.
Pursuant to Section 7 of the Safeguarding Vulnerable Groups Act 2006, it is an offence for someone whose name is on the vulnerable adults barred list or childrens barred list to seek, engage in, or offer to undertake ‘regulated activity’ such as care work, teaching, supervising, or other certain other roles with children or vulnerable adults. There are a number of defences.
Section 7 of the Safeguarding Vulnerable Groups Act 2006 reads as follows:
7.—(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 the general limit in a magistrates’ court, or to a fine not exceeding the statutory maximum, or to both.
(3) It is a defence for a person charged with an offence under subsection (1) to prove that he did not know, and could not reasonably be expected to know, that he was barred from that activity.
(4) It is a defence for a person charged with an offence under subsection (1) to prove—
(a) that he reasonably thought that it was necessary for him to engage in the activity for the purpose of preventing harm to a child or vulnerable adult (as the case may be),
(b) that he reasonably thought that there was no other person who could engage in the activity for that purpose, and
(c) that he engaged in the activity for no longer than was necessary for that purpose.
Alexander Chambers can advise and represent those who faces DBS barred list prosecutions, and those who wish to avoid being barred (see our other page: Challenging the DBS). For more details of how we can assist with DBS related criminal cases and appeals, whether it is by way of advice or representation, contact us on 0845 652 0451
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Alexander Barristers Chambers
Telephone: 0845 652 0451
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Alexander Barristers Chambers
Telephone: 0845 652 0451