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The oral hearing of the substantive appeal
The oral hearing of the substantive appeal
Both parties agreed at hearing that the key issue was in relation to what we will, for convenience, refer to as DBS’s first finding of relevant conduct (as referred to at 1 in paragraph 10). This was whether the Appellant believed “L” was a 15-year-old boy at the time the incident occurred. As such, much of the focus was on this specific issue when the Appellant gave his oral evidence.
It may be helpful at this stage to set out some extracts from the exchange between the appellant and “L” as included in MB’s statement:
“.......On Tuesday 17th of December 2019 JA sent another message to L saying
“What you up to”
L replied “nothing really, I’m bored WBU”
L then sent another message saying
“how old R U I’m 15 and I’m in Birmingham“JA replied “same just sat in my car, wondering where to go“
JA then send L another message saying
“25 in Warwick“
L replied “that’s cool, my mum works at 8 pm till 3 am so might just watch a movie or visit a mate”
JA replied “you wanna meet up“.....
The statement continues:
.....“L then said “I’ll let u know when my stepdad has picked up my little sis okay“
JA replied “okay, can you send me a address so I can load it into my satnav“
L replied “yeah it’s F…… Road, but wait till I no when he’s coming“
JA replied “it takes 38 minutes so I will set off even if I have to sit in my car for a bit it will be fine“
At 9:05 pm JA messages L again on the Grindr app sending him a live location which showed JA to be on F….. Road in S…...
JA then switched between messaging L on WhatsApp and Grindr.
L told JA he wasn’t able to come out tonight and JA asks if L could sneak him into the house.
L told JA he can’t meet him until tomorrow night when his mom would be at work”.
- Heading
- A summary of the Upper Tribunal’s decision
- Introductory matters
- The statutory framework
- The appeal provisions
- The guidance in the case law
- Mistakes of law
- The DBS’s barring decision
- A brief summary of the factual background to the appeal
- The grounds of appeal and the parties' submissions
- The oral hearing of the substantive appeal
- JA’s oral evidence at hearing
- Our assessment of the appellant’s evidence and findings of fact
- Other grounds of appeal relating to first finding of relevant conduct
- T he indecent image: second finding of relevant conduct
- Materiality
- Proportionality
- 49.These four questions were later developed by Lord Sumption in Bank Mellat [2013] UKSC 39 at 20
- 50.In assessing proportionality, the Upper Tribunal has ‘…to give appropriate weight to the decision of a body charged by statute with a task of expert evaluation’ (see Independent Safeguarding Author
- Conclusions