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Private prosecutions – A route to justice for the charity sector
Sophie Tang
Dr Bawa-Garba was convicted of gross negligence manslaughter in November 2015, following the sad death of a young boy from sepsis. Whilst issues arose from Dr Bawa-Garba’s practice on the day in question, some systemic failures were present. These included Dr Bawa-Garba having recently returned from 14 months’ maternity leave and being left in charge of an acute ward, her working an extensive shift without respite and the lack of permanent nursing staff.
On March 7 2018, the House of Commons Library published a Briefing Paper outlining the language testing requirements imposed upon healthcare professionals who qualified outside of the UK. Proficiency in English is one of the skills that healthcare professionals that work within the UK need to possess. However, the UK’s ability to regulate the standard of language skills held by applicants who originate from within the EEA has been hindered due to its membership with the EU.
Private prosecutions, once a “historical right” that was “rarely exercised” (according to Lord Wilberforce in Gouriet v Union of Post Office Workers (1978)), are now thoroughly integrated into our criminal justice system. Whether the result of dwindling CPS resources (see blog by David Sleight CPS and police struggle under the load of sex abuse investigations) or because of the public’s increased familiarity with the process from high-profile convictions such as ‘King Con’ or the Surfthechannel pirate, the number of private prosecutions being brought is on the rise.
Last week, the Court of Appeal handed down judgment in the combined appeals of Wingate and Evans v SRA; SRA v Malins [2018] EWCA Civ 366.
Shockwaves (at least within the professional discipline world) followed the recent decision in Malins v SRA [2017] EWHC 835 (Admin) as the very existence of a “lack of integrity” offence hung in the balance (see earlier blog by Iain Miller, Lack of Integrity – Has it just been abolished?).
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