[2024] UKUT 330 (AAC)

Inclusion on the children’s list and adult’s list on the basis of a relevant offence, after representations (Schedule 3, paragraphs 2 and 8). The DBS’s decision letter said:

Inclusion on the children’s list on the basis of relevant conduct in relation to children, being conduct involving sexual material relating to children (Schedule 3, paragraph 4(1)(c)). The DBS’s decision letter set out its findings and identified the type of relevant conduct:

Inclusion on the adult’s list on the basis of relevant conduct in relation to vulnerable adults, said to be conduct which, if repeated against a vulnerable adult, would endanger that adult (Schedule 3, paragraph 10(1)(b). The relevant findings were the same as in b. The type of relevant conduct was identified by the DBS as follows:

In July 2016 when the appellant was 22 police found indecent images of children on his laptop.

The probation report (p309) and police report (p327) recorded that there were seven Category A images (the most serious category of indecent images of children, involving penetration) of which 5 were moving images which depicted abuse of females aged approximately 11-16. There was a category C (the least serious) image of a female child under 5. There was evidence of the use of known search terms for indecent images of children including PTHC (pre-teen hard core) and ‘10yo’ on a peer-to-peer file sharing site.

The appellant was arrested and interviewed (p332-42). Details of particular videos which were previewed or downloaded were described in interview and include highly disturbing titles such as ‘pTHC 10 YO Hard Holiday Sado rape the best ever’. In that interview police summarised details from a report from an expert who had analysed the laptop. Some of the videos had been moved to the computer Recycle bin, but most had not been deleted. A video which had been downloaded was watched a fortnight after download. Accessible indecent images of children had been downloaded between 17 June 2016 and 17 July 2016. File access records showed access to files with indecent images of children file names for a longer period, between 17 February 2016 and 20 July 2016 (p354). MFAG said that he had not searched for those videos, had accidentally downloaded them, and was not familiar with the search terms used. He answered no comment in a further interview in November 2016.

MFAG was charged, initially with making images (we note that making images can relate to downloading images onto a new device: the allegation was not at any stage that MFAG had filmed any material). On 11 July 2017 he pleaded guilty to two less serious offences, being two counts of possession of indecent images of children.

MFAG was interviewed for a pre-sentence report. He changed his account and accepted that he deliberately saved and viewed images (p309). He admitted to searching for similar images when he was in his mid-teens, but then there was a gap in offending. He was deemed to be at a medium risk of reconviction for a sexual crime (p373) but he was assessed as presenting a low risk of general and violent offending.

MFAG was sentenced on 3 August 2017 to a 2 year Community Order, with requirements to attend a Sex Offenders Programme for 90 days and up to 15 days Rehabilitation Activity Requirement (p297). He was informed that the DBS may bar him from working with children or vulnerable adults (p295). A 5 year Sexual Harm Prevention Order was also imposed with controls on internet use (p283), and he was automatically required to notify his address and other details to the police for five years (p285).

Probation notes (p158 et seq) show that he completed a programme called Horizon 2 which appears to focus on healthy sexual relationships. He was recorded to have a positive attitude, and said he no longer uses peer to peer websites (p186).

MFAG had been studying a Master’s degree in Pharmacy before his arrest. He was readmitted to the course on condition that he completed a course with the Lucy Faithful foundation (p365) and was supervised at any clinical placement. Information from the foundation (p78 et seq) shows that MFAG completed the 10 session course addressing education and advice, running for a two month period in 2018. MFAG’s period on the Sex Offenders Register came to an end in August 2022.

On 1 April 2023, his professional regulator, the General Pharmaceutical Council (‘GPhC’) granted his registration. He worked as a pharmacist, which is a regulated activity in that it involves the giving of healthcare advice to both children and vulnerable adults. Inclusion on either of the barring lists effectively prevents him from working as a pharmacist.

MFAG had written various eloquent representations, explaining that he had improved his behaviour and was remorseful, that he had learned from the courses he had been on, and had strategies such as exercise and improved social connections. He had learned empathy for the victims of crimes (p403). He said that he had always been supervised or had a chaperone during consultations (p375).

MFAG had provided character references (p73-77) which confirm that the appellant has worked with a range of members of the public with no hint of inappropriate behaviour, that he has become “a mature, reflective, professional and utterly reliable young man”, that he has a caring nature and apparent insight into his behaviour.