Vagueness in charge
‘In my judgment, duplicity is not a basis for interfering with a disciplinary finding ..., although of course it may be relevant to the fairness of the proceedings and to the ultimate penalty if charges are found proved. Vagueness is a ground for judicial review if it leads to unfairness in the proceedings, and the danger with a vague charge is that the parties, and in particular the respondent ..., do not know with some precision what is alleged against them and therefore are not fully able to address those matters in the course of the hearing.’ Per Stanley Burnton J in Wheeler, R (on the application of) v Assistant Commissioner House of the Metropolitan Police [2008] EWHC 439 (Admin). [2008] EWHC 439 (Admin).
Categories: 4th Edition, Chapter 10, Updates