01 February, 2009

Dreaming of Galbraith

Goodness knows what was going on in the depths of my subconscious last night but I merrily dreamt all about Galbraith submissions. That and images of plums and little piles of dust (representing duff, I imagine) were floating in an out... I think I need to drink more and eat less chocolate!

My only possible reason for this is that the case with Scary Defence Barrister has finished and in the last two cases against her, she has made submissions of no case to answer (and she was successful on one but not on the other, if you're interested in the record) at half time.

The way that hearings work is that, unlike criminal trials where there usually aren't too many allegations, there tend to be a great many made. It is therefore possible to have withdrawn, admitted and lost 50% of these at half time, but still have enough left to make up a case which could potentially lead to impairment. By way of example, the case that is starting on Monday has about 80 allegations (from memory).

However, many allegations aren't in themselves perjorative, it is only when they are added together that they may become so.

Whilst I'm on the theme, the hearing process is also different from a normal criminal trial because there are three stages rather than 2. Obviously, in a trial the facts are decided upon and then it is sentancing. At a hearing, the panel firstly decides which facts are found proved. They then decide whether, on ther basis of the facts found proved, that the practioner's Fitness to Practice is impaired. Finally, if they have decided that there is impaired FTP, they decide what sanction, if any, is appropriate.

Ok, a very boring post and possibly the most detail on my job that I have ever - or will ever - blog!

Needed to get it out of my system less the crazy dreams start again!

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