Will an arrest without charge in England affect a DBS check? Suppose someone was arrested last year following harassment allegations made by their former partner, but was not charged. Would this be revealed on a DBS check if they were to apply for a teaching assistant role working with children?
Those seeking to work with children should1 have an Enhanced with Barred Lists DBS check which will show (in addition to any unspent convictions, conditional cautions, reprimands, final warnings, and whether they are barred from working with children) any information held by local police that’s considered relevant to the role. Whether the police consider an arrest that did not progress to a charge being made to be relevant or not is fact-dependant based on (for example) the nature of the allegation, any evidence or information supporting or negating it, what a suspect said in interview and any other information available to them. 1One can check the actual level of check required here
You are allowed to ask the police whatever questions you like. There is an upper limit that you can't refuse to obey a lawful order on the premise that you want to ask a bunch of questions, but they don't seem to have ordered you to do anything, so you can ask away. They have no obligation to tell you anything or to be truthful, except for certain questions like "am I free to go" when you want to leave and are testing whether you are under arrest. Even then they don't have to answer your questions right away. The police can therefore ignore you, especially if you are asking curiosity questions. It might be that they are restricted from giving information in certain circumstances (pertaining to the privacy of others). If there is an issue of legitimate concern (e.g. Little Billy has been beating up on cats again) and you feel that you need to know this, then you can request the police record on the matter. Certain information will probably be redacted under state law, but you could get a report that states that some [redacted] juvenile was beating up on animals. The Florida records law is one of the first in he nation, dating back to 1909. You can read this, to see if you think the circumstances match one of the exemptions, though all you have to do is make the request and be told that the record is exempt, then you will have some idea what was going on.
Isn’t this discrimination since nationals do not have to apply? Yes it is discrimination. But that does not make it illegal. In fact discrimination is in general legal unless it is based on some characteristic which is specifically forbidden as a basis for discrimination (e.g. race). And in general, all of the countries in the world allow and enforce discrimination based on nationality; for example non-nationals will not be able to run for Head of State (and additional restrictions may apply). The EU members allowing similar rights to the citizens of other EU countries is the exception, not the rule, and once the UK stops being bound by EU treaties it can impose its own legal system on non-nationals. And while EU treaties give lots of rights to EU member-countries citizens, they still allow for discrimination based on nationality (for example you cannot run for Prime Minister or MP of Spain as a foreign EU resident). Isn’t the UK Government breaking the law? This could go against EU treaties, but the point is that the UK will no longer need to comply with them. is the UK Government responsible for the harm and distress caused to the individual health and mental wellbeing? No, the UK Government is not responsible if you do not like its laws to the point that it affects your health. Is there any ground for challenging this scheme legality in court? Unlikely. In any case it will not be because you are frightened by it, any challenge would be in the grounds that the government actions act against some other UK law. For example, if the decision to make such a list was made by the Executive but it contradicts some law approved by the Parliament. If this list does not contradict any law, then there are no grounds for challenging it. Would there a breach of my human rights if I was not to apply for settle status and then subsequentially got deported (taken away from my children, home, business, etc.)? How about if I was refused, re-entry or access to public services (NHS for example)? If you do not apply you will not have any evidence that you were settled, and the government could legitimately believe that you are irregularly in the country and try to expel you; you probably would have an opportunity to prove that you were settled even if you were not in the list but that could be way slower, more expensive, riskier and stressful than just registering now. Get this clear: that settled person list is to help you to show that you were a UK resident before Brexit and to give you the protections that are being negotiated between the UK and the EU for expatriates. Probably you could choose not to enlist, but it would work against you.
If the purported husband (PH) has not attempted to enter the UK under false pretenses, and has not submitted documents containing false statements to the UK government, it is hard to see how he might be charged with a crime by the UK in connection with the invalid marriage. But since the PH is now said to have submitted an application for entry clearance based on the bigamous marriage, a marriage that it appears that he knew or should have known was invalid, he has submitted an official document based on a false statement. That is presumably an offense under UK law, and may well affect the PH's future immigration treatment. If the deceived wife has not knowingly made false statements to the UK government, it is hard to see how she would be charged in the UK. She would be wise to promptly inform the UK government that the marriage was invalid, to withdraw any statements or applications based on its validity, and to take legal steps to correct the record so that the marriage does not show as valid. This might be by annulment or some other procedure, probably depending on the law in the Bahamas where the purported marriage took place. (Under chapter 125, section 21(b) a prior marriage is valid grounds for an annulment or decree of nullity.) She might also want to notify the US authorities. The purported husband might have been guilty of bigamy in the Bahamas, depending on just how their law is written. Whether the authorities there will seek to extradite and prosecute him one cannot say.
england-and-wales - present day... Would the contents of the envelope be considered privileged? No Although it is possible to argue that the letter is a communication to the lawyer (albeit by mistake) its purpose is not in relation to seeking or receiving legal advice, so it fails to meet the definition of legal privilege: There are two forms of legal professional privilege: Legal advice privilege protects confidential communications between lawyers and their clients for the purposes of giving or obtaining legal advice. Litigation privilege protects confidential communications between lawyers, clients and third parties made for the purposes of litigation, either actual or contemplated. Would the lawyer be required to divulge it if asked by the police or in a court? Yes, No, Maybe If the lawyer is a suspect/defendant then there is no requirement to answer any questions whatsoever. Similarly, there is no obligation on a witness to answer questions unless a statutory provision has been triggered, such as the lawyer being given a Serious Organised Crime and Police Act 2005 Disclosure Notice. Would he be required to report the matter to the police on his own? Yes Although there is no general requirement to report a crime (of this nature) to the police, the lawyer's profession is in the &quot;regulated sector&quot; which requires Suspicious Activity Reports to be submitted to the authorities: ... in respect of information that comes to them in the course of their business if they know, or suspect or have reasonable grounds for knowing or suspecting, that a person is engaged in, or attempting, money laundering... What difference, if any does it make that the client apparently did not intend to send these contents to the lawyer? None that I can see ETA The status of legal privilege in 1925 seems to have been the same as now, and this Wikipedia article, under the heading History offers this in support: The common law principle of legal professional privilege is of extremely long standing. The earliest recorded instance of the principle in English case-law dates from 1577 in the case of Berd v Lovelace ([1576] EngR 10 (&amp; Ors))
What's the legality of this situation? It's unlawful and you should seek support for it. That document you linked to appears to have resources that could help you, such as support lines and counselling centres, etc. Am I being discriminated against by these landlords(companies)? I would say so. It sounds like you're being discriminated against on grounds of race and ethnic origin. It appears to violate the General Equal Treatment Act. However, I do want to stress that there may be completely reasonable factors as to why landlords are rejecting your appointment requests. For example, it would not be discriminatory to refuse housing on the basis that you don't have the appropriate income, or you have a poor credit rating, or you don't have any previous rental references. It can be very difficult to prove discrimination if any of the above factors apply, since the landlord could simply cite one of those reasons instead.
There isn't an automatic exclusion rule for all forms of improperly acquired evidence in the UK. I can't find the exact quote but there was a judgement from a senior court that said in terms: &quot;it's not the court's job to discipline the police but to see that justice is done.&quot; However, judges have the discretion to disallow individual pieces of evidence if they think the interests of justice require it. Section 78 (1) of PACE (1984) has: In any proceedings the court may refuse to allow evidence on which the prosecution proposes to rely to be given if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it. Senior judges have been reluctant to lay down general guidelines, holding the trial judge best placed to make these decisions (although of course, subject to appeal). The foundational principle is the accused's right to a fair trial, so in principle one could appeal to the ECtHR under Article 6. However it generally takes a similar line to courts in the UK: It is not the role of the Court to determine, as a matter of principle, whether particular types of evidence - for example, unlawfully obtained evidence - may be admissible or, indeed, whether the applicant was guilty or not. The question which must be answered is whether the proceedings as a whole, including the way in which the evidence was obtained, were fair. PACE Section 78(2) is: Nothing in this section shall prejudice any rule of law requiring a court to exclude evidence. The general principle in 78 (1) does not override specific prohibitions: for instance, intercept evidence is never admissable under the Regulation of Investigatory Powers Act 2000.
There is no cognizable grounds for a criminal prosecution in those circumstances. There are also no cognizable grounds for Bob to deny paternity, or to bring a civil action against Alice. Bob will be obligated to pay child support and to have all of the responsibilities of an unmarried co-parent with Alice.