26th May 2021Newsletters
Cases involving a criminal conviction are superficially straightforward, but the process of admitting the fact of the conviction and skipping blithely on to misconduct/impairment can result in uncertainty as to the factual matrix. In Achina v General Pharmaceutical Council [2021] EWHC 415 (Admin), Lane J considered a case where the registrant had been convicted of […]
2nd Nov 2020Newsletters
The refusal of HHJ Raynor at Woolwich Crown Court to extend the custody time limit in two unrelated cases has been widely reported. An application to extend the custody time limit in a third case was heard by Mrs Justice Whipple, although HHJ Raynor had previously had conduct of the case. The first three defendants […]
14th Sep 2018Newsletters
Disclosure responsibilities There are two areas of responsibility: the responsibility to record and retain prosecution material and the responsibility to review and disclose prosecution material. “Prosecution material” is defined in section 3(2) of the Criminal Procedure and Investigations Act 1996 [‘CPIA’] as material: (a) which is in the prosecutor’s possession, and came into his possession […]
14th Jun 2018Newsletters
Professional discipline proceedings very often raise the question: on what evidence can a tribunal infer that a particular omission was made. Allegations are often pleaded in the alternative, in the broad format, “did not do”/“did not record”. Very often the failure to do something is proved by the evidence of a patient, or perhaps by […]
27th Feb 2018Newsletters
In the absence of demonstrable prejudice to the registrant, an abuse of process argument will be difficult to sustain. C was the subject of fitness to practise proceedings in relation to complaints made by female patients that he had conducted physical examinations without clinical reason. Like allegations had been brought some time previously and were […]
