Blog
Private prosecutions – A route to justice for the charity sector
Sophie Tang
13 October 2015
Case update: Nurse succeeds on appeal after Court of Appeal (Scotland) find NMC panel failed to address registrant’s inadequate representation and wrongly accepted methodology put forward by NMC
D v Nursing and Midwifery Council Court of Session (Inner House, Extra Division), 4 November 2014.
D was a registered nurse and the Nursing and Midwifery Council’s (NMC) case was that between 23 May and 6 October 2011, D had taken small to large amounts of the anti-nausea drug, ‘cyziline’ from hospital supplies without authorisation. The fitness to practise panel at the NMC found the allegations proved, and imposed a striking off order from the NMC’s register for serious misconduct involving dishonesty. D appealed against this decision.
30 September 2015
The end of self-regulation for charities? Government report recommends new fundraising regulator
In September 2015, a government commissioned panel published a review into the effectiveness of the current self-regulatory system for charity fundraising in light of recent high profile cases of malpractice. The published report details the current system of self-regulation and proposes a new approach, a sole regulator of fundraising practice established within a new co-regulation framework. The focus of the new regulator will be the fundraising practices used by and on behalf of charitable organisations.
29 September 2015
Press Round-Up: Regulatory and Professional Discipline: October - November 2015
Recent news relating to the Bar Standards Board (BSB), Financial Conduct Authority (FCA), General Dental Council (GDC), General Medical Council (GMC), General Optical Council (GOC), General Pharmaceutical Council (GPhC), Health and Care Professions Council (HCPC), Nursing and Midwifery Council (NMC) and Solicitors Regulation Authority (SRA).
25 September 2015
RSPCA approach to private prosecution: As crooked as a dog’s hind leg?
The RSPCA is firmly in the limelight following criticism that the charity has a heavy-handed approach to enforcement against animal cruelty. Those who raise the hue and cry say it is impossible for them to take a measured approach given the charity’s assumed responsibilities as both investigator and prosecutor. This challenge to a hitherto respected charity raises important questions as to how such bodies should operate to ensure they at all times are, and are perceived to be, fair and proportionate prosecutors.
23 September 2015
When not to commence a private prosecution
Private prosecutions offer an excellent legal remedy to those who do not have the support of the state prosecuting agencies to commence a prosecution. But if you fancy yourself as a would-be private prosecutor, be warned, there are significant risks associated with starting a prosecution which are motivated purely out of self-interest and as a means to blackmail or punish another.