Summary of DGW’s evidence
Summary of DGW’s evidence
DGW’s evidence was that he was first arrested for the unlawful supply of a controlled drug – that is how he got into custody. He was later charged with two counts of unlawful sex with a child under 16, procuring prostitution and child abduction; he was sent to a bail hostel by the court and spent 12 months there; during this time the drug and procuring prostitution charges were dropped; that left abduction and the two counts of unlawful sex. DGW’s evidence was that he had pleaded not guilty to these charges; but after speaking to a police officer and his solicitor, he decided to plead guilty “on a technicality” on the abduction charge; but maintained his plea of not guilty on the two counts of unlawful sex. He went to court and was acquitted on the charges of unlawful sex. DGW’s evidence was that he had a 12 month sentence for the abduction charge; and, after an appeal, his sentence was reduced and he was released immediately because of the time he had already spent in prison.
DGW’s evidence was that his acquittal on the two unlawful sex charges was because the jury did not believe the 14 year old girl’s evidence in the crown court; DGW evidence was that he did not have a sexual relationship with her, and he did not buy alcohol and cannabis for her.
DGW’s evidence was that he had tried to get hold of documentary evidence to support what he said about the outcome of the crown court proceedings, including going back to his barrister at the time; but he had not been able to obtain any such documentation, mostly due to the passage of time (over 20 years).
DGW’s evidence was that he now had six children, with his long-term partner; his evidence was that he had PTSD with anxiety and depression with bouts of suicidal intentions. The headmistress of one of his children’s schools had asked him to do some caretaking; that is what led to him seeking DBS certification and, ultimately, to his being included in the children’s barred list. He said he was now appealing that decision, out of principle.
DGW’s evidence was that the 14 year old girl was the best friend of his then-girlfriend’s younger sister. His evidence was that he befriended her because she was in care and unhappy and wanted someone to talk to; DGW said that he was able to help her because he had been in care himself. Under cross examination, DGW maintained that his relationship with the 14 year old girl at the time was not inappropriate.
DGW’s evidence was that his then-girlfriend had told him she was 18 at the time they first had sexual relations (even though she was actually 15½); DGW said that his girlfriend was lying when she told police, in 2001, that DGW had known her true age when they first had sex.
- Heading
- The decision of the Upper Tribunal is to dismiss the appeal. The decision of the Respondent made on 17 January 2024 (DBS reference DBS6191 01007562626 ) to include DGW in the children’s barred list is
- DBS’s decision
- Jurisdiction of the Upper Tribunal
- The grant of permission to appeal
- Documentary evidence in the Upper Tribunal bundle
- The Upper Tribunal hearing
- Summary of DGW’s evidence
- Our conclusions on the permitted grounds of appeal
- Conclusions
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