(Commission) Although professional disciplinary proceedings may be conducted to the criminal standard of proof, that does not make them ‘akin to criminal proceedings’. ‘in general’, disciplinary proceedings are not ‘criminal’ for the purpose of Article 6.1 and 6.3, because professional disciplinary matters concern the relationship between professional associations and individuals rather than draw on law of general application. The fact that the practitioner can study a transcript of the hearing, including not only the evidence but the submissions on the evidence by the respective parties, assists the practitioner in understanding not only which witnesses evidence was accepted and which rejected but why it did so. The complaint was inadmissible.
Citations:
9 December 1997 ECHR, (1998) EHRLR 338
Jurisdiction:
Human Rights
Cited by:
Cited – Dr John Harding Price v The General Medical Council PC 7-Nov-2001
(Professional Conduct Committee of the GMC) The doctor appealed an order striking him off the register for unprofessional conduct. He complained that the Committee had a majority of lay rather than professional members, one doctor having withdrawn . .
Cited – Southall v The General Medical Council Admn 22-May-2009
The doctor appealed against the erasure of his name from the register of medical practitioners after a finding of serious professional misconduct. There had been earlier similar findings, but based on different allegations.
Held: The doctor’s . .
Lists of cited by and citing cases may be incomplete.
Human Rights
Updated: 12 July 2022; Ref: scu.181801