GOC—Mitigation
Produced in partnership with Jonas Milne & Sandesh Singh of 2 Bedford Row
GOC—Mitigation

The following Corporate Crime guidance note Produced in partnership with Jonas Milne & Sandesh Singh of 2 Bedford Row provides comprehensive and up to date legal information covering:

  • GOC—Mitigation
  • What counts as mitigation and when can it be taken into account
  • General mitigating and aggravating features
  • Absence of evidence
  • Personal mitigation and testimonials
  • The relevance of mitigating circumstances
  • At what stage should the Committee receive personal mitigation and testimonials?

What counts as mitigation and when can it be taken into account

Mitigation evidence can include evidence about the circumstances leading up to the incidents in question as well as evidence about the Registrant's previous good character and history. It may include evidence about the time lapse since the incidents occurred and evidence of actions taken to apologise for and/or to address concerns which resulted in the proceedings being brought. A demonstration of insight of those concerns coupled with actions taken to avoid repetition of them may also be regarded as mitigating factors.

Whether a factor is a mitigating circumstance or not is entirely a matter for the Fitness to Practise Committee to determine. In each case, the committee must consider both mitigating and aggravating features set out in the evidence they have heard. They should also take into account any representations about these matters made on behalf of the GOC and the Registrant; but bearing in mind always that representations are not evidence.

General mitigating and aggravating features

These can include but are not limited to:

  1. the impact on victim—to include both harm and potential harm

  2. whether the offence is at work or outside work

  3. whether the actions involved an abuse of trust

  4. whether or not the Registrant has shown insight and remorse (taking into account, where