The plaintiff had been acquitted of assaulting a child at the school. His employers nevertheless brought disciplinary proceedings alleging misconduct identical to those which had formed the basis of the previous criminal proceedings. The plaintiff sought a declaration that the disciplinary proceedings were unlawful in contravening the rule against double jeopardy.
Held: Double jeopardy in such a case means the peril of being convicted twice in a court of competent jurisdiction. The disciplinary body is not a court of competent jurisdiction; and it applies a different standard of proof.
Judges:
Popplewell J
Citations:
[1985] ICR 637
Jurisdiction:
England and Wales
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.
Criminal Practice, Employment
Updated: 28 May 2022; Ref: scu.181631