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swarb.co.uk - law indexThese cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases. |
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Health Professions - From: 1980 To: 1984This page lists 13 cases, and was prepared on 27 May 2018. Stevenson v The Royal College of Veterinary Surgeons; PC 19-May-1980 - [1980] UKPC 17 Smith v The Royal College of Veterinary Surgeons; PC 19-May-1980 - [1980] UKPC 16 Royal College of Nursing of the United Kingdom v Department of Health and Social Security; CA 1981 - [1981] AC 800 Tarnesby v Kensington and Chelsea Health Authority (Teaching); HL 1981 - [1981] ICR 615 Regina v Statutory Committee of Pharmaceutical Society of Great Britain [1981] 2 All ER 805 1981 Lord Lane CJ Health Professions, Criminal Practice The court asked if the Latin maxim 'nemo debit bis vexari, si constat curiae quod sit pro una et eadem causa', or 'nemo debet bis punire pro uno delicto' (no one ought to be twice punished for the same offence) were relevant where criminal charges were sought to be pursued after a finding of the disciplinary committee. Held: The maxim has no reference to professional disciplinary tribunals. Although the facts might be the same before a criminal Court and before the tribunal the offence and the findings are distinct; and second, it is plain on the authorities that such a tribunal is not a court of competent jurisdiction to which the maxim applies. 1 Citers Royal College of Nursing of the United Kingdom v Department of Health and Social Security; HL 2-Jan-1981 - [1981] AC 800; [1981] 1 All ER 545 CA and HL(E); [1981] 2 WLR 279; [1980] UKHL 10 Le Compte, Van Leuven And De Meyere v Belgium; ECHR 23-Jun-1981 - 7238/75; [1981] ECHR 3; 6878/75; (1982) 4 EHRR 1 Le Compte, Van Leuven And De Meyere v Belgium; ECHR 23-Jun-1981 - 7238/75; 6878/75; (1981) 4 EHRR 1 Le Compte, Van Leuven And De Meyere v Belgium; ECHR 18-Oct-1982 - (1983) 5 EHRR 533; 7238/75; 6878/75; [1982] ECHR 7 Ghosh v General Medical Council [1982] UKPC 38 19 Oct 1982 PC Health Professions The Professional Conduct Committee of The General Medical Council [ Bailii ] Harris v The General Optical Council [1984] UKPC 21 23 May 1984 PC Health Professions (The Disciplinary Committee of The General Optical Council) Opticians Act 1958 [ Bailii ] David John Rodgers v The General Medical Council [1984] UKPC 46 19 Nov 1984 PC Health Professions The Professional Conduct Committee of The General Medical Council [ Bailii ] Evans v General Medical Council Unreported, 19 November 1984; [1984] UKPC 48 19 Nov 1984 PC Health Professions 'The principles upon which this Board acts in reviewing sentences passed by the Professional Conduct Committee are well settled. It has been said time and again that a disciplinary committee are the best possible people for weighing the seriousness of professional misconduct, and that the Board will be very slow to interfere with the exercise of the discretion of such a committee . . The committee are familiar with the whole gradation of seriousness of the cases of various types which come before them, and are peculiarly well qualified to say at what point on that gradation erasure becomes the appropriate sentence. This Board does not have that advantage nor can it have the same capacity for judging what measures are from time to time required for the purpose of maintaining professional standards.' 1 Citers [ Bailii ] |
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