A dentist was convicted of traffic offences including driving whilst disqualified. He was suspended from practising as a dentist for 12 months. He appealed, and the court substituted a suspension from practice itself suspended for two years. That would give ample opportunity for the appellant to demonstrate or otherwise his ability not to re-offend. The offences were not directly related to his capacity to practice and it was important to keep a proper proportion between the offence and the very severe consequences of a suspension.
Lord Hope said: ‘It is well established, for very good reasons, that the Board will not interfere with the exercise of the discretion of a Professional Conduct Committee in matters relating to penalty. The assessment of the seriousness of the misconduct upon proof of a conviction is essentially a matter for the Committee, in the light of their experience of the range of cases which come before them. They are best qualified to judge what measures are required to maintain the standards and reputation of the profession and to assess the seriousness of any misconduct. As a general rule therefore the Board will be very slow to interfere with the decision of the Committee on matters relating to penalty.’
Judges:
Lord Hope
Citations:
Times 19-Apr-2000, [2000] UKPC 17, Appeal No 29 of 1999, [2000] 1 WLR 1538, [2000] Lloyd’s Rep Med 299, (2000) 56 BMLR 130
Links:
Statutes:
General Dental Council Professional Conduct Committee (Procedure) Rules 1984 Order of Council 1984 (1984 No 1517), Dentists Act 1984
Jurisdiction:
England and Wales
Cited by:
Cited – Mubarak v General Medical Council Admn 20-Nov-2008
The doctor appealed against a finding against him of professional misconduct in the form of a sexualised examination of a female patient.
Held: The reasons given were adequate, and the response of erasure from the register was the only one . .
Cited – Khan v General Pharmaceutical Council SC 14-Dec-2016
The pharmacist had been removed from register the for a year after findings of domestic abuse. The court now considered what inquiry was required on an application for a continuation of that suspension.
Held: The different appeals of both the . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Employment
Updated: 25 October 2022; Ref: scu.163230