It is a criminal offence under section 7 of the Safeguarding Vulnerable Groups Act 2006 to apply for a job from which you on the Disclosure and Barring Service’s (DBS) barred list. Section 7 states:
(1)An individual commits an offence if he—
(a)seeks to engage in regulated activity from which he is barred;
(b)offers to engage in regulated activity from which he is barred;
(c)engages in regulated activity from which he is barred.
If you are convicted under this offence you stand to be imprisoned for a maximum sentence of 5 years.
Section 7 Barred list successful Defence
We were instructed to defend a client prosecuted under section 7; at trial we made submissions that the original offence that had led to the client’s barring was in fact unlawful.
As a result of these arguments the trial collapsed and the charges were withdrawn.
Subsequently we successfully applied to have the original police caution expunged form the client’s record, for more information please visit here: Section 7 Safeguarding Vulnerable Groups Act 2006 DBS prosecution and police caution expungement.