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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

Acquittals in criminal proceedings

‘A moment's thought will suffice to demonstrate that the mere fact of an acquittal in criminal proceedings cannot be the be all and end all of the matter for other purposes. Supposing, for example, that a professional man is acquitted of murder or grievous bodily harm by a jury on the direction of the judge on a purely technical and unmeritorious point. He is not guilty in the eyes of the criminal law. But that would not stop – nor should it stop – his professional body re-investigating the matter and deciding both that he had been guilty of serious professional misconduct, and that he should be disciplined according to the rule of the profession concerned. A professional body is, after all, charged with the duty to protect the public from members of the profession who fall below its standards.’ per Wall LJ in Sinha v General Medical Council [2009] EWCA Civ 80. (FTP correct to proceed despite the fact that a judge in the crown court had found that, because of the manner in which the investigation into the applicant's conduct was handled by the police, a fair trial in the criminal court was not possible. After an extensive voir dire in the absence of the jury, the prosecution had offered no evidence and the judge directed the jury to bring in a verdict of not guilty.)

 

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