Partners Enhanced CRB / DBS check advice please

[soulbug]

Hi everyone, I've not been on the forum for sometime, things for me have moved on since my situation came to a end, I have met that special someone in my life, I have not yet been strong enough to discuss the awful situation I found myself in, due to been arrested and dragged through the courts until the judge threw the case out as a abuse of process, granting a permanent stay.....

Ideally I would rather forget the whole sorry situation, but I have a nagging question in my mind, my girlfriend, whom I do not yet live with, works with young children, if we move in together, I assume she would have to declare who her partner is / living with, will my previous situation cause her to fail her enhanced CRB check or as I now believe it's called a DBS check?

[Innocentguy1983]

Hi everyone, I've not been on the forum for sometime, things for me have moved on since my situation came to a end, I have met that special someone in my life, I have not yet been strong enough to discuss the awful situation I found myself in, due to been arrested and dragged through the courts until the judge threw the case out as a abuse of process, granting a permanent stay.....

Ideally I would rather forget the whole sorry situation, but I have a nagging question in my mind, my girlfriend, whom I do not yet live with, works with young children, if we move in together, I assume she would have to declare who her partner is / living with, will my previous situation cause her to fail her enhanced CRB check or as I now believe it's called a DBS check?

Hi Soul bug

Its a tough one, I would use to say let these thing lie... but I have a new found moto of be honest.. things have a tendency of biting you on the backside..

..........

Going of at a slight tangent, I have a question for you...hope that's ok

I am in a predicament much similar to you were in.. I have been charged and have denied all allegations thrown at me..except I made the mistake of admitting that I allowed the FA to touch me when I was 10-11 years old. (I hope people don't judge me, Looking back I know it was very wrong.. but I honestly didn't know how serious when I was 10-11)

I stated in the interview clearly that I was a child I didn't know what I was doing and didn't think anything of it.

Would this affect my case of using doli incapax as it happened 1994 when it was still applicable. I will of course aim this towards my solicitor, but I just wondered what your thoughts might be?

Thanks

IG

[soulbug]

Hi , I have had a quick read through some of your past posts , just to get a basic background of your situation..

Firstly , Doli Incapax , I called various solicitors with regards to Doli Incapax and I found most solicitors knowledge of Doli Incapax to be lacking especially when it came to the fact that YES it is applicable retrospectively many said it would not apply due to the change in law .

My Case was thrown out as a "abuse of process" One thing the judge Aired on during his summing up , before he threw the case out as a abuse of process was the vagueness of the times when these allegations are alleged to of happened , no year was quoted , merely just that it was winter and it was cold ! the judge said that would make this case very hard for me to defend myself , how could I say where I was etc based on such vague details.

As you may know , the rebuttable part of Doli Incapax is about your state of mind at the time and if you was capable of knowing you was doing right or wrong (even though I denied all allegations this is still important) the judge said it would not be possible if put before a jury for me to explain my state of mind at the age of 12-14 as there was no past history or psychology reports / tests from that time concerning my state of mind , plus no past history with the police etc , no warnings etc.

Hopefully you will be able to have this matter thrown out as a abuse of process , due to the judge feeling you will not be able to have a fair case , mine was thrown out based on vagueness of dates of allegations , doli incpax , me not been able to put across my state of mind of when I was 12-14 years old to the Jury , the judge found my case to be a exceptional case , regardless of how careful the directions given about the effects of the passage of time and the age of the parties , that I the defendant could not have a fair trial, it would not be possible for me the defendant to explore the allegations made given the passage of time , the vagueness of the dates and surrounding events, he also found that I could not properly address the issue of doli incapax and a jury could not properly deal with that even with proper direction from him the judge.

My situation was different to yours as my allegations were based on me at all times been under the age of 14 and I denied all allegations , so the rebuttable part of Doli Incapax was at all times applicable
Based on one of your posts I see you have instructed Gerry McDonald , based on what I have read on this forum , he is supposed to be very good and it appears you are in safe hands.

I frustratingly found that there is little you can do , until this matter reaches a crown court judge , all the magistrates will do is keep pushing it upwards as they cannot deal with these types of cases , but once your barrister is in front of a crown court judge then you can really start to deal with the matter correctly , until then , your time and energy is best spent reading through the evidence , witness statements , accusers statement , my accusers statement was over 30 pages long , after reading it through a few times , I started to notice inconsistency's , so I made notes , page references , cross references , after reading it through many times , I had picked numerous holes in the witnesses statement that did not make any sense , this for me was worth doing , as I have a keen eye for detail and it helped reinforce my confidence in this matter not going the full course, check for things , that are vague , or where the accusers states "I think" this happen , or "I think" this was what was said...it will be scary reading it through the first time , but hopefully the more you read the evidence , the more the case will look weaker and weaker to you.

If you send me a Private message with your email address , I do have a copy of the Judges 5 page judgement for this case to be thrown out as a abuse of process , detailing the reason etc , I would be happy to send you a copy for you to use for yourself and to pass onto your solicitor.....please do not put this into the public domain /online etc...if you choose to want a copy, you may find it very useful as it may help you to draw some parallels with my own case and yours.

Thankfully I have been able to move on in my life , but I am now struggling with the question of the enhanced checks that my girlfriend , whom I hope to make my wife might face when she has her checks.......I have never spoken about this situation to her.....honesty is the best policy , but I would like to know if it would show up on her enhanced CRB/DBS check if and when she needs one when and if we move into together as husband and wife .

[Innocentguy1983]

Hi , I have had a quick read through some of your past posts , just to get a basic background of your situation..

Firstly , Doli Incapax , I called various solicitors with regards to Doli Incapax and I found most solicitors knowledge of Doli Incapax to be lacking especially when it came to the fact that YES it is applicable retrospectively many said it would not apply due to the change in law .

My Case was thrown out as a "abuse of process" One thing the judge Aired on during his summing up , before he threw the case out as a abuse of process was the vagueness of the times when these allegations are alleged to of happened , no year was quoted , merely just that it was winter and it was cold ! the judge said that would make this case very hard for me to defend myself , how could I say where I was etc based on such vague details.

As you may know , the rebuttable part of Doli Incapax is about your state of mind at the time and if you was capable of knowing you was doing right or wrong (even though I denied all allegations this is still important) the judge said it would not be possible if put before a jury for me to explain my state of mind at the age of 12-14 as there was no past history or psychology reports / tests from that time concerning my state of mind , plus no past history with the police etc , no warnings etc.

Hopefully you will be able to have this matter thrown out as a abuse of process , due to the judge feeling you will not be able to have a fair case , mine was thrown out based on vagueness of dates of allegations , doli incpax , me not been able to put across my state of mind of when I was 12-14 years old to the Jury , the judge found my case to be a exceptional case , regardless of how careful the directions given about the effects of the passage of time and the age of the parties , that I the defendant could not have a fair trial, it would not be possible for me the defendant to explore the allegations made given the passage of time , the vagueness of the dates and surrounding events, he also found that I could not properly address the issue of doli incapax and a jury could not properly deal with that even with proper direction from him the judge.

My situation was different to yours as my allegations were based on me at all times been under the age of 14 and I denied all allegations , so the rebuttable part of Doli Incapax was at all times applicable
Based on one of your posts I see you have instructed Gerry McDonald , based on what I have read on this forum , he is supposed to be very good and it appears you are in safe hands.

I frustratingly found that there is little you can do , until this matter reaches a crown court judge , all the magistrates will do is keep pushing it upwards as they cannot deal with these types of cases , but once your barrister is in front of a crown court judge then you can really start to deal with the matter correctly , until then , your time and energy is best spent reading through the evidence , witness statements , accusers statement , my accusers statement was over 30 pages long , after reading it through a few times , I started to notice inconsistency's , so I made notes , page references , cross references , after reading it through many times , I had picked numerous holes in the witnesses statement that did not make any sense , this for me was worth doing , as I have a keen eye for detail and it helped reinforce my confidence in this matter not going the full course, check for things , that are vague , or where the accusers states "I think" this happen , or "I think" this was what was said...it will be scary reading it through the first time , but hopefully the more you read the evidence , the more the case will look weaker and weaker to you.

If you send me a Private message with your email address , I do have a copy of the Judges 5 page judgement for this case to be thrown out as a abuse of process , detailing the reason etc , I would be happy to send you a copy for you to use for yourself and to pass onto your solicitor.....please do not put this into the public domain /online etc...if you choose to want a copy, you may find it very useful as it may help you to draw some parallels with my own case and yours.

Thankfully I have been able to move on in my life , but I am now struggling with the question of the enhanced checks that my girlfriend , whom I hope to make my wife might face when she has her checks.......I have never spoken about this situation to her.....honesty is the best policy , but I would like to know if it would show up on her enhanced CRB/DBS check if and when she needs one when and if we move into together as husband and wife .

Hi Soulbug

Thank you so much for that reply, and taking the time to read into my situation.

I will PM you very shortly.

I know this will help me so much thank you!

[myhome]

Hi everyone, I've not been on the forum for sometime, things for me have moved on since my situation came to a end, I have met that special someone in my life,

That's fantastic news -

if we move in together, I assume she would have to declare who her partner is / living with, will my previous situation cause her to fail her enhanced CRB check or as I now believe it's called a DBS check?

I have a feeling that this is not declared on a DBS check - but not completely sure - I've recently completed one and remember any questions about who I live with, but as I live alone I may have missed it. CAB might be able to answer this for you.

Have a look at this website - it may help - I've just had a quick read and can't see anything about asking questions re who someone lives with.....

https://www.gov.uk/disclosure-and-ba...and-complaints

Hope this helps..... MH

[soulbug]

Hi , Thank you for your reply , that is good to know , i shall look into this further , i just remember some people say there partners things had popped up on there enhanced CRB / DBS checks , which would clearly cause a situation...

I shall use the link you kindly supplied and i shall ask them further questions.

Best regards and thank you