Treatment of criminal convictions
Treatment of criminal convictions
Where fitness to practise proceedings are based on a criminal conviction, the purpose of MPT proceedings is not to punish the doctor for the offence for a second time but to consider whether the doctor’s fitness to practise is impaired as a result (para 116). The tribunal should bear in mind that the sentence imposed by the criminal court is “not necessarily a definitive guide to the seriousness of the offence” (para 117). There may have been personal circumstances that led the court to be lenient (para 117).
- Heading
- Introduction
- Legal framework
- Sanctions guidance
- Proportionality
- Mitigating and aggravating factors
- Treatment of criminal convictions
- Suspension
- Erasure
- GMC Policy: Good Medical Practice
- The facts
- Proceedings before the MPT
- Remorse
- Insight
- Risk of repetition
- Impairment
- Sanction
- Appellant’s overarching submissions
- The approach of the Guidance to violent offences
- MPT’s approach to insight and remorse
- Ground 1: Failure to balance aggravating and mitigating factors appropriately
- Ground 2: Failure to apply the Guidance and precedents correctly
- Other cases
- Guidance
- Public perception
- Ground 3: Error in the determination of sanction
- Seriousness of offending
- Insight and remediation
- Conclusions
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