We represented a client who had been charged with an offence of engaging, seeking, or offering to engage in a regulated activity when barred, contrary to s.7 of the Safeguarding Vulnerable Groups Act 2006. It was the Crown’s case that by making an application to work as a driving instructor, our client had sought to engage in a regulated activity. It was not in dispute that our client had been barred from working with children and vulnerable adults or that our client had applied to work as a driving instructor. We however, did not agree that a position as a driving instructor amounted to a regulated activity in law.

Before our client’s first appearance, we made representations that our client had not sought to engage in a regulated activity. These representations were renewed again at our client’s first appearance however, the Crown maintained that they were proceeding with the prosecution of our client. We therefore advised our client to enter a not guilty plea to the matter and elect a Crown Court trial. We also put the Court and the Crown on notice that we would be making an application to dismiss the charge against our client.

We subsequently made the application to dismiss before the Crown Court and after considering the submissions that were made on our client’s behalf, the Court agreed and dismissed the charge against our client.

Our client was represented by Sabrina Neves, a solicitor in our Croydon Crime Team, supported by Nicole Windele, and in Court by Luna Spada, one of our in house barristers.