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Grounds of appeal
Grounds of appeal
As the Upper Tribunal observed when granting the Appellant permission to appeal against DBS’ barring decision, his failure to make representations about DBS’ proposal to include him in a barred list placed practical limits on the arguments open to him on appeal. Nevertheless, the Upper Tribunal was persuaded to grant the Appellant permission to appeal on two grounds.
- 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