Conclusions
Conclusion
This appeal succeeds, and this matter is remitted to DBS for a new decision as to whether the Appellant should be included on a list maintained under the 2006 Act.
Finally, the judge apologises to the parties but, in particular, the Appellant for the delay in giving this decision, a result of a backlog of work that built up while the judge was absent from duties recovering from serious injuries sustained in an accidence.
Authorised for issue by the Upper Tribunal panel on 30 September 2025
- Heading
- Upper Tribunal Judge Mitchell
- Judicial summary
- Factual background
- 24 October 2003 – police caution for committing the offence of common assault
- DBS’ decision making
- DBS’ decision
- in relation to the Appellant’s 2004 conviction for causing grievous bodily harm
- in relation to the Appellant’s 2003 caution for common assault
- What the Appellant did next
- Legal framework
- Grounds of appeal
- Ground 1
- Ground 2
- Arguments
- Appellant’s cross-examination at the hearing
- DBS
- Panel’s questioning of the Appellant
- Analysis
- Ground 1
- Disposal
- Conclusions
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