DBS barring witness policy
Published 8 October 2015
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1. Introduction
Disclosure and Barring Service (DBS) may ask someone to provide a witness statement/appear as a witness if they know something about a particular case being considered by us.
They may also be asked to provide a witness statement/appear as a witness if they have specialist knowledge that would be useful in deciding the facts in an appeal hearing (professional or expert witness).
Decisions on whether or not to ask someone to be a witness will be made on a case by case basis.
2. Policy background
This policy covers the DBS approach to witnesses and any approved supporters attending hearings of the upper tribunal or care tribunal in Northern Ireland at the DBS’s request.
It applies to all witnesses and approved supporters whose attendance at a tribunal hearing is requested by the DBS. It doesn’t cover DBS employees, where separate arrangements apply. This also includes government legal employees or any counsel instructed by, or acting on behalf of, DBS. This can also include witnesses whose attendance is requested by an unrepresented appellant.
3. DBS barring witness principles
We will make sure that all witnesses and their supporters:
- are treated fairly and with dignity and respect, according to their needs, irrespective of race, religion, background, gender, age, sexuality or any disability
- are given additional support if they are vulnerable
- are given specific and timely information and given advance notice of hearing dates
- receive practical and emotional support at court, before and after the hearing, from DBS staff and, or government legal employees
- receive the appropriate expenses and are not financially compromised as a result of attending a tribunal hearing
- have their fundamental human rights respected and
- are informed of the outcome of the appeal whenever possible
4. Further information
It’s not a legal requirement for a witness to attend a tribunal hearing. They can refuse. In circumstances where someone refuses to attend a hearing or provide a witness statement, DBS will consider whether they need to ask the court to issue a summons for a witness to appear.
We will allocate an appropriate member of staff as a main point of contact to help the witness. This member of staff will answer their questions, make the arrangements for the witness to attend the tribunal and provide general guidance.
Being a witness and giving evidence before a tribunal can make people feel anxious. We’ll make the necessary arrangements to provide support and make sure that any potential witness is treated with respect and sensitivity.
DBS will notify witnesses and any approved supporters of any expenses they may be entitled to claim during the course of proceedings.
If a witness is unhappy with the level of service they have received from the DBS, they can make a complaint through the complaints procedure.
This doesn’t extend to any complaint about the outcome of the appeal.
You can read the witness charter on the Ministry of Justice (MoJ) website.
The Crown Prosecution Service (CPS) has also published a useful document, Achieving best evidence in criminal proceedings.