NMC Sanctions—key principles, and considerations of a Practice Committee or Consensual Panel Determination
Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row
NMC Sanctions—key principles, and considerations of a Practice Committee or Consensual Panel Determination

The following Corporate Crime guidance note Produced in partnership with John Donnelly and Sam Shurey of 2 Bedford Row provides comprehensive and up to date legal information covering:

  • NMC Sanctions—key principles, and considerations of a Practice Committee or Consensual Panel Determination
  • What are NMC sanctions?
  • What key principles do the NMC apply?
  • Consensual Panel Determination

What are NMC sanctions?

Where a Practice Committee has concluded that a registrant's fitness to practise is impaired, the committee panel will proceed to consider what, if any, sanction to impose. Committees are required to consider the least restrictive sanction first. As such the committee panel may decide that it is not appropriate to take any further action. Alternatively, if further action is required the panel must make one of the following orders:

  1. a caution order (one to five years)

  2. conditions of practice order—workable, reasonable, measurable and proportionate (maximum of three years in the first instance)

  3. suspension order (maximum of 12 months in the first instance), or

  4. striking-off order

When imposing an order the panel may specify a period of time within which an application to vary, replace or revoke the order may not be made. The panel should direct the registrar to record the decision on the register.

What key principles do the NMC apply?

Public interest

When considering which if any sanction to impose the panel must have regard to the public interest. The courts have made it clear that the functions of the practice committees are quite different from those of a court imposing retributive punishment. The public interest must be at the forefront of any decision on sanction and this includes the particular need to