The following Corporate Crime guidance note Produced in partnership with Kingsley Napley LLP provides comprehensive and up to date legal information covering:
The role of the Case Examiners (CEs) and, if the CEs cannot reach a unanimous decision, the Investigating Committee (IC) is to investigate and determine whether an allegation about a registrant ought to be considered by a Practice Committee.
The Practice Committees are:
the Professional Conduct Committee
the Health Committee
the Professional Performance Committee
See Practice Notes: GDC—disciplinary process, GDC—Fitness to practice process—Case Examiners and Investigating Committee and GDC—powers of the Case Examiners and the Investigating Committee.
If the CEs or the IC consider it appropriate, they may agree with the registrant that the registrant will comply with such undertakings as they consider appropriate, rather than referring an allegation to a Practice Committee.
The CEs or the IC’s function is not to make findings of fact, test the veracity of evidence, definitively resolve significant conflicts of evidence or reach a final conclusion as to whether an allegation is true or untrue.
The CEs or the IC should only decide whether or not there is a real prospect of a matter being established by a Practice Committee. It is for the Practice Committee to judge whether the facts are proved, whether they amount to the statutory ground (misconduct, deficient professional performance etc) and whether the registrant’s fitness to practise is currently impaired. See Practice Note: GDC—Fitness to practise hearings conducted
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