Call us 0333 370 4333
14/03/18

Breach Of Right To Private Life | Kangs DBS Solicitors

Share

Three women have won a High Court battle against the government as to whether or not their previous convictions for prostitution ought to be disclosed.

Under the current Disclosure and Barring Scheme (‘DBS’) regime, those with previous criminal convictions are generally required to disclose all previous convictions, with a few very limited exceptions.

The Circumstances | Kangs Solicitors Regulatory Team

These three women, who had been forcefully trafficked into the sex trade, argued that the current system for disclosing previous criminal convictions criminalised victims of abuse and sexual trafficking and, in particular, women.

In view of the background leading to the soliciting offences, they argued that disclosure was discriminatory and breached their right under Article 8 of the European Convention on Human Rights to a ‘Private Life’ (‘Article 8’).

Lawyers argued that criminalising these women, who had been unwillingly trafficked into the sex trade, for a lifetime, was contrary to the Government’s anti - human trafficking policy.

A representative of the women said:

‘the women in this case exited prostitution many years ago but continue to be blighted…many street prostitutes have been groomed, coerced and trafficked…and…as such this policy is inconsistent with the Modern Slavery Act because it continues to punish victims’.

In some particular circumstances, previous convictions may be filtered from a person’s DBS certificate after a period of time has elapsed.

The Court Judgement | DBS Challenge | Kangs DBS Advisory Solicitors

Following its deliberations, the court:

  • dismissed some of the contentions put forward, including the claim that the current DBS regime discriminated against women,
  • concluded that the DBS regime as it stood breached Article 8.

Accordingly, whilst the case was only a partial victory for the three women, it was an important one as the court’s judgment will, in future, result in convictions for soliciting being ‘filtered out’ when DBS checks are conducted.

Following the Hearing, the Home Office said they were considering their position but that:

‘the protection of children and other vulnerable groups remains a key priority of this government and the disclosure and barring scheme is a vital part of these efforts’.

How Can We Help? | Kangs DBS Solicitors

Kangs Solicitors DBS Team has a proven track record of representing clients who seek to challenge the information contained on their DBS Certificate and is able to draft representations to the Police and Independent Monitor challenging ‘any other relevant information held’ that a Police force may seek to disclose on an Enhanced DBS Certificate.

A sample of recent work includes:

News insights, Serious Fraud, Services
A former Labour MP, Jared O’Mara, has received an immediate custodial sentence of four years having been found guilty, following his trial, of six counts of fraud relating to false expenses claims for work that he never carried out in respect of jobs that did not even exist. For further Press details please follow the […]
07/03/23
Criminal Litigation, News insights, Services
Kangs Solicitors has recently successfully defended a client facing an allegation of assault occasioning actual bodily harm arising from an incident forced upon him whilst he was simply conducting his  business, running a restaurant in London’s West End, when confronted with an unsavoury situation. Kangs Solicitors was instructed from the onset attending the interview under caution at Charing […]
06/03/23
Insolvency, News insights, Services
Kangs Solicitors has been instructed to defend claims against our client alleging breaches of Section 212 and 213 of the Insolvency Act 1986. The claims are being brought by the joint liquidators of our client’s company on the basis that our client allegedly knew that he and his company were participating in ‘Missing Trader Intra- Community’ Fraud’ […]
01/03/23

Get in touch

Need legal assistance? Contact our experienced team for prompt and professional support.
Your privacy is important to us and all details you share will be kept confidential.
Old map of Birmingham