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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69661
Experience:  Over 5 years in practice.
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I have on wednesday this week stood as witness in a

Customer Question

Hi, i have on wednesday this week stood as witness in a magistrates case against an employee who was charged for assault by beating one of the residents in my care home. Unfortunately he was found not guilty however he made several comments about things he shouted at the resident and the language he used which was raised as a safeguarding at the same time. He was only charged with the physical. Because he has now been dismissed and the safeguarding remains that he has in his own admission under oath agreed he swore and acted inappropriately i have a legal obligation to refer to the DBS. To assist with the referral i would like a copy of the case if possible, is this something that is possible??
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

I am sorry but it is not.

This is not a court of record so all that could be obtained is the clerk's notes rather than the transcript that would be available in the Crown Court.

You have to justify access to the clerk's notes and it would be refused for this reason. The only reason I have ever found succeeds is that you are the defendant and you are appealing. Even then they want you to show relevance of what was said at the Magistrates Court.

Also, to be wholly honest, I would not imagine the DBS would be interested in his conduct during the trial. The fact of the allegation will still show.

I'm very sorry but that is the position.

Can I clarify anything for you?

Jo