2BR

This Practice Note covers the key case law and principles common to fitness to practise (FtP) proceedings before most FtP panels of healthcare regulators. It covers the common procedural stages of investigation, admissibility of evidence as well as the powers of case examiners, Interim Orders and key themes including dishonestly, racist language.

This Practice Note explains the offences that can be committed under the Computer Misuse Act 1990 (CMA 1990). These include the offence of causing a computer to give unauthorised access to data or programmes (computer hacking), the offence of unauthorised access with intent to commit further offences and the offence of committing unauthorised acts with intent to impair the operation of a computer. It also explains the offence of unauthorised acts committed in relation to a computer which cause or create a risk of serious damage of a material kind introduced by the Serious Crime Act 2015. This note also covers the offence of making, supplying or obtaining articles for use in offences under the CMA 1990, ss 1, 2, 3, 3A or 3ZA, as well as the elements of all offences and the sentences which may be imposed on conviction. The territorial extent of the computer hacking and computer misuse offences are also explained.

This Practice Note sets out to provide a practical guide to the implications of criminal proceedings and convictions upon healthcare practitioners and the integrity and maintenance of the register which the healthcare regulator has a statutory duty to maintain.

This Practice Note is part of a suite of Practice Notes providing practical guidance on professional fitness to practice (FtP) proceedings before the healthcare regulators. This Practice Note provides a guide to General Chriopractic Council (GCC) fitness to practise proceedings, investigations, reviews and appeals. The GCC regulates chiropractors who practice in the UK, Isle of Man and Gibraltar. It should be read in conjunction with Practice Notes on Common Principles in fitness to practice proceedings and Criminal Proceedings in healthcare regulatory proceedings.

This Practice Note is part of a suite of Practice Notes providing practical guidance on professional fitness to practice (FtP) proceedings before the healthcare regulators. This Practice Note provides a guide to General Optical Council (GOC) fitness to practise proceedings, investigations, and applications to be restored to the Register. The GOC regulates registered Optometrists as well as Dispensing Opticians. It should be read in conjunction with Practice Notes on Common Principles in fitness to practice proceedings and Criminal Proceedings in healthcare regulatory proceedings.

This Practice Note is part of a suite of Practice Notes providing practical guidance on professional fitness to practice (FtP) proceedings before the healthcare regulators. This Practice Note provides a guide to General Osteophathic Council (GOsC) fitness to practise proceedings, investigations, and appeals. The GOsC regulates osteopaths who practice in the UK. It should be read in conjunction with Practice Notes on Common Principles in fitness to practice proceedings and Criminal Proceedings in healthcare regulatory proceedings.

This Practice Note is part of a suite of Practice Notes providing practical guidance on professional fitness to practice (FtP) proceedings before the healthcare regulators. This Practice Note provides a guide to General Pharmaceutical Council (GPhC) who regulate pharmacists, pharmacy technicians and pharmacies in Great Britain. It covers FtP proceedings, including the legislative framework, the FtP proceedings, investigations and applications to be restored to the Register and disqualification proceedings. It should be read in conjunction with Practice Notes on Common Principles in fitness to practice proceedings and Criminal Proceedings in healthcare regulatory proceedings.

This Practice Note explains the purpose and scope of mitigation given on behalf of defendants convicted of criminal offences by the criminal courts in England and Wales, in order to reduce the sentence imposed by the courts. It covers the law relating to mitigation, which is any aspect of a case that reduces the severity of the sentence passed, either the length of sentence or type of sentence imposed. It explains the factors that determine sentence, the purpose of mitigation, what is meant by personal mitigation and a suggested structure of a plea in mitigation and provides links to the Sentencing Council’s sentencing guidelines including the General guideline—overarching principles (the General guideline) which provides expanded explanations for aggravating factors and mitigating factors, culpability and harm and applies to all individual offenders aged 18 or over and to organisations who are sentenced.

This Practice Note is part of a suite of Practice Notes providing practical guidance on professional fitness to practice (FtP) proceedings before the healthcare regulators. This Practice Note provides a guide to the Nursing and Midwifery Council (NMC) fitness to practise proceedings, investigations, and applications to be restored to the Register. The NMC regulates registered nurses, midwives and nursing associates. It should be read in conjunction with Practice Notes on Common Principles in fitness to practice proceedings and Criminal Proceedings in healthcare regulatory proceedings.

This Practice Note explains the offences relating to the misuse or mishandling of personal data under the Data Protection Act 2018 (DPA 2018). It covers the data protection offence of unlawfully obtaining of data, re-identification of de-identified data, the alteration of personal data to prevent disclosure, the prohibition of requirement to produce relevant records as well as the offences which can be committed during an investigation by the Information Commissioners Office (ICO) of obstruction, making a false statement in response to information notices and destroying or falsifying information. The Practice Note also explains the scope of these data protection offences, the available defences as well as the maximum sentences which can be imposed on conviction.

This Practice Note sets out the role, powers and functions of the Professional Standards Authority for Health and Social Care (PSA). The PSA was created to bring together those bodies which regulate healthcare professions and to ensure that there is an integrated and co-ordinated approach to setting standards, monitoring performance, and inspection and validation.

This Practice Note covers restitution and deprivation orders following criminal conviction under the Sentencing Act 2020 (SA 2020). It explains the power to order restitution of stolen goods to victims in criminal proceedings and how to appeal a restitution order. The Practice Note also explains the power of the courts to order the forfeiture of property connected with the commission of an offence by making a deprivation order, the procedure for the making an order for deprivation and the effect of a deprivation order.

This Practice Note explains the power to make and effect of a conviction based sexual harm prevention order (SHPO) under sections 343–349 of the Sentencing Act 2020 (SA 2020). SHPOs can also be otherwise than in connection with a conviction under sections 103A–103K of the Sexual Offences Act 2003 (SOA 2003). When they were brought in as a result of the Anti-Social Behaviour, Crime and Policing Act 2014, SHPOs replaced sexual offences protection orders (SOPOs) and foreign travel orders (FTOs) in England and Wales. This Practice Note examines the statutory criteria that must to be satisfied before the court can impose an SHPO, the minimum and maximum time for a travel ban or the fixed period (duration), the powers of the court to renew, vary or discharge a post conviction SHPO, interim SHPOs and the procedure for obtaining an order. It also considers offences of breach of an SHPO and the Sentencing Council’s guidelines for judges and magistrates to apply when they are sentencing offenders who have breached SHPOs.

This Practice Note covers the role of the NHS as a regulator of professionals it engages, to provide medical services as part of the National Health Service provision. It explains the function of performance lists for General Practice Medicine, Dentistry and Optometry on behalf of the NHS as means of ensuring that appropriately qualified professionals are available to work in the NHS. It covers the process for inclusion on the performance lists which is a prerequisite for any professional working in the NHS. It also covers the conditions of inclusion on the operating list, the duties imposed upon those on the performance lists together with the powers of regulation to investigate potential breaches of conditions of inclusion including hearings, appeals and sanctions if breaches are found to have occurred.

This Checklist provides an outline of the type of factors which an advocate must mitigate during a sentencing hearing including mitigation in relation to the offence and personal mitigation. It also provides a list as to what character evidence should include and some general practical tips. It includes links to the Sentencing Council’s General guideline—overarching principles which applies to all individual offenders and to organisations who are sentenced and includes expanded explanations of aggravating and mitigating factors.