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Parallel proceedings: casting a long shadow

209431
Two sets of consequences for the same actions? Vanessa Reid examines guidance from the courts on criminal convictions & professional disciplinary cases
  • Regulated professionals facing a criminal investigation must also prepare themselves for the possibility of parallel professional disciplinary proceedings.
  • The High Court in Patel has provided updated guidance on the proper approach to sanctions in professional disciplinary cases based on criminal convictions for serious offences.
  • The decision should remind tribunals and regulators to bring back some flexibility and fairness to determinations on sanctions.

Becoming the subject of a criminal investigation is a difficult enough prospect on its own. For regulated professionals, however, the additional threat of a parallel professional disciplinary proceeding waits in the wings.

The High Court case of Professional Standards Authority for Health and Social Care v General Dental Council and Patel [2024] EWHC 243 (Admin) provided updated guidance on the proper approach to sanctions in professional disciplinary cases based on criminal convictions for serious offences. The decision in Patel provides

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