SSHD’s appeal on Bouchereau exception dismissed by Court of Appeal – EIN Blog

Posted February 20th, 2024 in criminal records, disclosure, drug offences, immigration, news by tracey

‘Secretary of State for the Home Department v Okafor [2024] EWCA Civ 23 (23 January 2024). The Court of Appeal has held that UT Judge Grubb’s decision to allow the appeal of Mr Okafor, a Nigerian citizen against the refusal of his leave to enter the UK under the EU Settlement Scheme, notwithstanding his previous conviction for serious drug offences and subsequent related disclosure failures when applying for leave to enter, disclosed no error of law that justified or permitted interference. The judge had considered the cumulative effect of all relevant matters and had not erred in concluding that the individual’s overall conduct did not fall within the exception in R v Bouchereau (Case 30-77) [1978] QB 732 such as to justify his exclusion on the basis that it represented a “genuine, present and sufficiently serious threat affecting one of the fundamental interests of society” under regulation 27(5)(c) of the Immigration (European Economic Area) Regulations 2016. Moylan, Stuart-Smith and Snowden LJJ dismissed the SSHD’s appeal and upheld UT Judge Grubb’s decision to allow Mr Okafor’s appeal against the cancellation and refusal of his leave to enter the UK. Mr Okafor was married to a Swedish national who had been granted indefinite leave to remain in the UK in 2019. He was granted entry clearance under the EUSS in July 2020. On his arrival in the UK in September 2020 with an EUSS family permit, he was refused admission on public policy grounds. His permit was revoked and his leave to enter cancelled under paragraph 321B of the Immigration Rules.’

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EIN Blog, 19th February 2024

Source: www.ein.org.uk

Police forced to run background checks on sex abuse suspects or face sack under proposed ‘Gaia’s Law’ – The Independent

‘Police officers who fail to run background checks on sex offence suspects will face being fired under new measures proposed to parliament to crackdown on sexual predators.’

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The Independent, 1st February 2024

Source: www.independent.co.uk

Thousands of women at risk as police reject over 10,000 background checks on potential abusers – The Independent

Posted January 2nd, 2024 in criminal records, delay, domestic violence, news, police, statistics, vetting by tracey

‘Thousands of vulnerable women are being left at serious risk of harm because police forces are failing to hand over potentially lifesaving information on violent criminals, The Independent can reveal.’

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The Independent, 1st January 2024

Source: www.independent.co.uk

Most victims of domestic homicide have contacted police or NHS, review shows – The Guardian

‘A review of 302 domestic homicides recorded in a four-year period has found that the majority of those killed had been “hiding in plain sight”, having made contact with the police, health services and other public agencies before their death.’

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The Guardian, 6th December 2023

Source: www.theguardian.com

Barrier to employment lifted for thousands of ex-offenders – Ministry of Justice

‘Over 120,000 former offenders will find it easier to get work and turn their lives away from crime following a change in the law.’

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Ministry of Justice, 30th October 2023

Source: www.gov.uk

Good Character Requirement changes for Naturalisation – EIN Blog

Posted October 2nd, 2023 in criminal records, government departments, immigration, news by sally

‘On the 31st July 2023, the Home Office published new guidance in relation to the good character requirement for Naturalisation applications. This new guidance took immediate effect and was published with the government first giving notice of the changes on the 30th July 2023.’

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EIN Blog, October 2023

Source: www.ein.org.uk

Childhood in care raises risk of entering English youth justice system eightfold – The Guardian

Posted September 21st, 2023 in care orders, children, criminal records, news, statistics, young offenders, youth courts by sally

‘The largest ever study of care experience and the youth justice system in England has revealed that children who have lived in care are eight times more likely to have received a youth justice caution or conviction than those who have not.’

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The Guardian, 21st September 2023

Source: www.theguardian.com

Cases of two men convicted on corrupt police officer’s evidence referred back to courts – The Guardian

‘Two men who died with convictions based on evidence from a disgraced police officer with a history of racism and corruption have had their cases referred back to the courts.’

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The Guardian, 4th August 2023

Source: www.theguardian.com

Home Office ordered to change rules that restrict help for trafficking victims – The Guardian

‘A high court judge has ordered the home secretary to change a key part of a trafficking policy introduced just months ago.’

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The Guardian, 26th July 2023

Source: www.theguardian.com

Women to get gay-conviction pardons for first time – BBC News

‘Women convicted of offences related to being gay can apply to have their convictions removed, under an expansion of the government’s pardon scheme.’

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BBC News, 13th June 2023

Source: www.bbc.co.uk

On the naughty step – a ‘rising star’ of Barking – Nearly Legal

‘Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post.

We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then threatening to evict tenants who breach these damn silly clauses. There was Sandwell silencing tenants, for example (and they were not alone in trying to include such a clause). And there was the spectacle of Wandsworth attempting to impose a clause forbidding the tenant, their household, or their visitors from behaving badly anywhere in the whole borough, on pain of eviction. That one – which is all too relevant for what follows – ended in humiliation for Wandsworth when they actually tried to use it.’

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Nearly Legal, 6th June 2023

Source: nearlylegal.co.uk

More rigorous checks for fire and rescue employees – Home Office

Posted April 28th, 2023 in criminal records, employment, fire services, government departments, news by tracey

‘Fire and rescue authorities will be able to carry out stringent new record checks, helping fire and rescue services protect the public and their staff.’

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Home Office, 25th April 2023

Source: www.gov.uk

Chef wrongly branded sex offender wins long fight to stay in UK – The Guardian

‘A chef from Bangladesh who was wrongly recorded as a sex offender by the Home Office has won the right to remain in the UK after fighting since 2010.’

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The Guardian, 12th April 2023

Source: www.theguardian.com

Institute of Licensing issues briefing note on Rehabilitation of Offenders Act – Local Government Lawyer

Posted March 29th, 2023 in criminal records, disclosure, licensing, local government, news, rehabilitation by sally

‘The Institute of Licensing (IoL) has issued a briefing note on the Rehabilitation of Offenders Act 1974 in order to provide assistance to licensing authorities, applicants and representatives in relation to protected convictions and cautions.’

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Local Government Lawyer, 28th March 2023

Source: www.localgovernmentlawyer.co.uk

Asylum claims for 12,000 to be considered without face-to-face interview – BBC News

Posted February 23rd, 2023 in asylum, criminal records, delay, government departments, news, refugees by sally

‘Some 12,000 asylum seekers to the UK are to be considered for refugee status without face-to-face interviews.’

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BBC News, 23rd February 2023

Source: www.bbc.co.uk

Hundreds of UK officers should never have been appointed, says police watchdog – The Guardian

‘Officers with prior convictions and close links with criminals are among hundreds who have joined the police in the last three years who should not have been allowed in, according to the head of the police watchdog.’

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The Guardian, 5th February 2023

Source: www.theguardian.com

Windrush man was treated shamefully, appeal judges say – BBC News

Posted July 28th, 2022 in appeals, assault, citizenship, colonies, criminal records, immigration, news by sally

‘A man who travelled to Britain in 1960 when he was three, as part of the Windrush generation, was “shamefully treated”, senior judges have said.’

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BBC News, 28th July 2022

Source: www.bbc.co.uk

Modern slavery victims may face barriers to justice under Priti Patel’s immigration bill, MPs warn – The Independent

‘Modern slavery victims may face barriers to seeking justice while criminal gangs “evade punishment” under Priti Patel’s immigration bill, cross-party MPs have warned.’

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The Independent, 21st December 2021

Source: www.independent.co.uk

Rape victims with minor criminal convictions blocked from financial compensation – The Independent

Posted December 14th, 2021 in compensation, criminal records, news, rape, sexual offences, victims by tracey

‘Hundreds of sexual assault and rape victims with minor criminal convictions are being denied financial compensation, The Independent can reveal.’

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The Independent, 13th December 2021

Source: www.independent.co.uk

Rehabilitation and retribution: In re JR123’s application – UK Human Rights Blog

‘What happens when someone is convicted of a criminal offence and is given a custodial sentence? Sometimes, the individual will serve at least part of their sentence in prison and the remainder on licence. But, what happens after they’ve served the totality of their sentence?’

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UK Human Rights Blog, 12rh November 2021

Source: ukhumanrightsblog.com