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Establishing the appropriate standard of proof for GMC hearings into conduct, performance and health : key issues for consideration

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Place of publication
  • London
Publisher
  • King's Fund
Publication date
  • 2000
Pages
  • 20
Abstract
  • The purpose of this paper is to stimulate debate about the appropriate standard of proof to use in GMC hearings. The GMC currently uses a criminal standard of proof (beyond reasonable doubt). However, this is a matter of custom and practice and is not specified. Recently there have been calls for the GMC to consider introd ucing a civil standard of proof (balance of probabilities) to provide a better balance between public protection and fairness for the accused doctor. This paper looks at the legal debates around this issue and considers arguments about: the gravity of the offence and the severity of the potential sanction; GMC proceedings as a whole; and the wider regulatory system.
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  • Pagination: 20p.
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