THE GENERAL MEDICAL COUNCIL FOR EXTENSION IN TERMS OF THE MEDICAL ACT 1983, SECTION 41A(6) AND (7), OF AN INTERIM ORDER IN RESPECT OF B [2023] ScotCS CSOH_54 (18 August 2023)

THE GENERAL MEDICAL COUNCIL FOR EXTENSION IN TERMS OF THE MEDICAL ACT 1983, SECTION 41A(6) AND (7), OF AN INTERIM ORDER IN RESPECT OF B [2023] ScotCS CSOH_54 (18 August 2023)

Given the ongoing serious criminal charges against the respondent (preparation of terrorist acts and encouraging terrorism), the risk to public confidence in the medical profession, and the absence of any material change in circumstances since the previous extension, it is proportionate and in the public interest to extend the interim suspension order until April 2024. The hardship to the respondent does not outweigh the need to maintain public confidence, and no conditions short of suspension would suffice.

Citation
[2023] ScotCS CSOH_54
Parties
Petitioner: The General Medical Council; Respondent: B
Jurisdiction
Scotland
Judgment Date
18 August 2023
Procedural Posture
Petition for Extension of Interim Order / Substantive Hearing on Extension of Interim Suspension Order
Outcome
Petition granted; interim suspension order extended until 25 April 2024.
Legal Topics
Interim Suspension Orders, Public Interest, Proportionality, Fitness to Practise, Judicial Review, Human Rights (article 6 Echr)
Medical Law Administrative Law Professional Regulation Interim Suspension Orders Public Interest Proportionality Fitness to Practise Judicial Review +1 more

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Parties

The General Medical Council

Petitioner

B

Respondent

Procedural Posture

Petition for Extension of Interim Order / Substantive Hearing on Extension of Interim Suspension Order

Legal Issues

  1. 1 Whether the extension of the interim suspension order is necessary and proportionate in the public interest under the Medical Act 1983, section 41A(6) and (7)
  2. 2 Whether the continued suspension is justified given the seriousness of the criminal charges and the stage of criminal proceedings
  3. 3 Whether the respondent's rights to a fair trial and due process were breached

Ratio Decidendi

Given the ongoing serious criminal charges against the respondent (preparation of terrorist acts and encouraging terrorism), the risk to public confidence in the medical profession, and the absence of any material change in circumstances since the previous extension, it is proportionate and in the public interest to extend the interim suspension order until April 2024. The hardship to the respondent does not outweigh the need to maintain public confidence, and no conditions short of suspension would suffice.

Court Disposition

Petition granted; interim suspension order extended until 25 April 2024.

Orders

  • Extension of interim suspension order until 25 April 2024.
  • All questions of expenses reserved.