Clause 27 - Reference of disciplinary cases
NHS Reform and Health Care Professions Bill
10:00 am
Mr Oliver Heald (North East Hertfordshire, Conservative)
Yes, that is what I am asking about. Am I right in thinking that it is the punishment, or the order that has been made, that is to be referred to the court, it having already been decided that there is guilt? When it has been decided that the allegation is well founded, we move on to the next step. Is that the part, the penalty side of the matter, that can be referred to court? I would be concerned if it were being suggested that the High Court could retry the case, and examine the question of innocence. Clearly, there is a difference between deciding whether the allegation was well founded in the first place and the next step—which I think is the one that can be referred to court—of what happens as a result of that.
I do not think that the Minister and I disagree that if the sentence is too lenient there is a good case for referring it to the High Court. If, however, he means that the High Court can start retrying the allegation to establish whether it has been proved, he and I might fall out. The principle of double jeopardy is not established in English law and is rarely approved of. There would need to be an exceptional situation if one were to agree to double jeopardy, where the proving of the allegation was concerned, although I think that the question of the penalty is different.
The decision referred to in subsection (1) seems to be the penalty decision. If the Minister can confirm that that is right, I do not need to say much more about the matter.