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.
Judges:
Lord Lane CJ
Citations:
[1981] 2 All ER 805
Cited by:
Cited – Regina (on the Application of Redgrave) v The Commissioner of Police for the Metropolis CA 22-Jan-2003
The police officer had been accused of an offence. The case was discharged under the section at committal. The Commissioner sought to commence disciplinary proceedings on the same evidence.
Held: The tests of the two sets of hearings were . .
Lists of cited by and citing cases may be incomplete.
Health Professions, Criminal Practice
Updated: 28 April 2022; Ref: scu.181630