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The background
The background
Some four years ago the Appellant, a teacher, was convicted of two counts of rape under section 1 of the Sexual Offences Act 2003. Both offences were committed against his ex-wife and the incidents in question took place over a period which is now some 20 years ago. He was sentenced to two concurrent terms of imprisonment, with the longer term being for 11½ years. The Court of Appeal (Criminal Division) has since refused an appeal against conviction and sentence, but Mr W maintains his innocence and has received assistance from a body that deals with actual or alleged miscarriages of justice. He is supported in these endeavours by his current wife.
- Heading
- The decision of the Upper Tribunal is to allow the appeal by the Appellant
- This decision and the Orders that follow are given under section 4(5) of the Safeguarding Vulnerable Groups Act 2006 and rule 14 of the Tribunal Procedure (Upper Tribunal) Rules 2008 (SI 2008/2698)
- Pursuant to rule 14(1)(a) the Upper Tribunal orders that no documents or information should be disclosed in relation to these proceedings that would tend to identify any person who has been involved i
- The outcome of this appeal to the Upper Tribunal in a sentence
- A summary of the Upper Tribunal’s decision and what happens next
- The background
- The oral hearing of the Upper Tribunal appeal
- The Orders made on this appeal
- The statutory framework
- The DBS decision to bar the Appellant under the SVGA 2006
- The application for permission to appeal to the Upper Tribunal
- The grounds of appeal before the Upper Tribunal
- Ground 1: the failure to escalate to the DBS Head of Service
- Ground 2: the DBS erred in law in concluding that any risk of harm was transferable from adults to children
- Ground 3: the Appellant’s inclusion on the CBL was disproportionate
- Ground 4: the Respondent’s reliance on the fact that the Appellant was intoxicated when committing the offences
- Disposal
- Conclusions