The Council sought to refer to the High Court decisions to acquit the doctors of professional misconduct. The doctors argued that the power only existed for lenient sentences.
Held: The power to refer for undue leniency included the situation where the committee’s decision to acquit was inadequately founded. The purpose of section 29 was engaged just as much by a decision to acquit as by the imposition of a lenient sentence. It had to be shown (i) that the penalty imposed was unduly lenient either because the findings were inadequate or the penalty did not reflect the misconduct found, and (ii) it was in the public interest to take further action. As to the admission of new evidence on appeal the rules in Ladd v Marshall would apply at the High Court but not in proceedings under s29.
Judges:
Lord Justice Chadwick The Honourable Mr Justice Hooper Lord Philips Of Worth Matravers, Mr
Citations:
Times 27-Oct-2004, [2004] EWCA Civ 1356
Links:
Statutes:
National Health Service Reform and Health Care Professions Act 2002 829
Jurisdiction:
England and Wales
Citing:
Cited – The Council for the Regulation of Healthcare Professionals v The Nursing and Midwifery Council and Truscott QBD 31-Mar-2004
A nurse was found guilty of misconduct. The Council sought to appeal the penalty, saying it was too lenient.
Held: The nurse had accessed explicit and offensive web-sites, and been cautioned. The council had the power to make such an . .
Cited – Council for the Regulation of Healthcare Professionals v General Medical Council and Dr Solanke Admn 30-Apr-2004
The council appealed against what it said was a lenient sentence imposed on a doctor for malpractice.
Held: It was relevant to take account of the way criminal courts dealt with appeals against lenient sentences. The test in relation to an . .
per incuriam – Council for the Regulation of Healthcare Professionals v The General Medical Council, Dr Leeper Admn 30-Jul-2004
The Council appealed a decision of the respondent saying that the disciplinary measures imposed on the Doctor were insufficient.
Held: A reference to the Court from the tribunal operated as an appeal. It was therefore for the court to decide . .
Cited – In re Lo-Line Electric Motors Ltd 1988
When considering the filing of additional evidence changing allegations made under the 1986 Act, the paramount requirement is that the director facing disqualification must know the charge he has to meet. As to the standard of misbehaviour required . .
Cited – Lomas v Parle CA 18-Dec-2003
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
Cited – Gupta v The General Medical Council PC 18-Dec-2001
(The Health Committee of the GMC) A doctor had been found guilty of serious professional misconduct by the Professional Conduct Committee of the General Medical Council. She appealed on the basis that they had not given reasons for the factual basis . .
Cited – Neil v Ryan CA 23-Jul-1998
The court considered the power to increase a sentence of committal for contempt of court: ‘Before considering any increase in sentence or changing the impact of any sentence adversely to the defendant we have to remind ourselves that this is a power . .
Cited – Ladd v Marshall CA 29-Nov-1954
Conditions for new evidence on appeal
At the trial, the wife of the appellant’s opponent said she had forgotten certain events. After the trial she began divorce proceedings, and informed the appellant that she now remembered. He sought either to appeal admitting fresh evidence, or for . .
Cited – Attorney-General’s Reference (No 4 of 1989) CACD 1990
The court considered the approach to be taken by an appellate court asked to review a sentence said to be unduly lenient: ‘The first thing to be observed is that it is implicit in the section that this Court may only increase sentences which it . .
Cited by:
Applied – Council for the Regulation of Health Care Professions v General Medical Council and Another (Baslouny) QBD 7-Feb-2005
The doctor worked in the ear, nose and throat department. He was accused of having inappropriately examined a female patient’s groin and breasts. The council appealed a finding that one allegation was unproved.
Held: Under the Act, an appeal . .
Lists of cited by and citing cases may be incomplete.
Health Professions
Updated: 23 June 2022; Ref: scu.216632