For many, the decision by prosecuting authorities not to proceed with a criminal investigation, or the decision to offer no evidence at trial resulting in the charges being left on file is a great relief and seen as a successful outcome in the criminal process.
For some, the acquittal at a Criminal Court is an even greater relief and results in justice having been done.
However, the majority of the public are not aware that the above scenarios may not be an end to the ordeal of criminal proceedings.
The Criminal Records Bureau now the Disclosure and Barring Service are responsible for processing criminal record checks which may be called for if you apply for certain jobs or volunteer for certain activities.
They affect people seeking employment or other activity in a regulated area or in contact with vulnerable adults or children. An enhanced criminal record certificate could raise these issues and still prevent opportunities for employment or activity despite no conviction existing.
Our specialist disclosure and barring service dispute team aim to deal with matters following the conclusion of a criminal investigation and have been involved in a number of cases in which they have assisted individuals including:
- Factual disputes on the proposed information being disclosed
- Disputes about the necessity or relevance of information being disclosed
- Disputes about the legality of disclosure of information
The team can assist at key points of the process including
- Advice on the likely consequences of criminal proceedings and conviction or caution
- Advice on acquittal
- Advice on Filtering of convictions
- Representations to the police against disclosure
- Raising a dispute with the DBS
- Representations to the Independent Monitor seeking a review of proposed disclosure
- Judicial review of decisions to disclose information
The team have been involved in key cases which have developed the law in this area and offer a bespoke service to clients depending upon their specific needs and means.
They can also assist in making representations against barring.
For advice on disclosure disputes contact our specialists on 0175 321 5096 or you can complete an online enquiry form and a member of the team will contact you directly.