Going to the GMC hearing
Contents
Day of the hearing
You should aim to arrive at the hearing in good time for the start of your evidence giving. You will have been informed of a time to arrive, but please ensure you take account of any possible delays that may occur and aim to arrive at least half an hour prior to the time you have been allotted. Please report to the security desk in the main foyer, and they will provide you with a visitor’s pass and direct you to the lifts and where to get off. You will be met by one of the witness support team, who will take you to the witness waiting room.
The witness waiting room has a hot and cold drinks machine along with some light snacks. There is a selection of newspapers and magazines available. Please let the witness support team know if there are any problems with the facilities in the waiting room.
Waiting to give evidence
You will be asked to wait in the witness room along with other witnesses until the point where you are required to give evidence. No witness (except an expert witness) is permitted to be present during the hearing before giving evidence. While you are waiting to give evidence you should avoid discussing the case or your evidence with anyone else, including other witnesses, as this might prejudice the proceedings.
All cases are dealt with as quickly as possible, but sometimes events can overrun and witnesses can be required to wait a long time before being able to give evidence. Problems can also occur during the hearing or the hearing may be postponed. If you are unable to give evidence on the allotted day due to a delay or change in circumstance, you will be asked to return on another day.
Public access to the hearing
Most GMC hearings are held in public. There will be a public ‘gallery’ where the press and public sit to watch the proceedings, usually at one end of the hearing room. Sometimes the panel will ask the press and public and witnesses to leave the hearing if there are any confidential matters to discuss. If this happens, you will be guided back to the witness waiting room until the panel readmits the public again.
Who will be at the hearing?
The panel and panellists - The panel is the body of people who hear the evidence and make a decision on the case. The panel is made up of doctors (medically qualified) and lay people (not medically qualified) known as panellists. One member of the panel will act as the chairman. The chairman will ensure that everything is done fairly, and they have a duty to protect the interests of all people involved in the case including the witnesses.
Legal assessor – an experienced barrister or solicitor who advises the panel on points of law.
GMC solicitor or barrister – who leads the case against the doctor, and is generally the person who first asked you to be a witness in the case. The GMC has the ‘burden of proof’, which means that they need to present enough evidence to show that the person has impaired fitness to practise. They will ask the witness questions before the panel so that the witness can give their evidence in answers.
Doctor(s) – this or these are the persons against whom allegations have been made in the case. In most cases the doctor will be defended by a solicitor or barrister, in a very few, the doctor will be unrepresented and will represent themselves at the hearing.
Doctor’s defence solicitor or barrister or other representative – who leads the case or speaks on behalf of the doctor. They will test the evidence presented by the GMC and put the doctor’s position to the panel. They will ask the witnesses questions about their evidence. Sometimes, the doctor’s defence may be the person who asked you to be a witness.
Panel secretary – a GMC staff member responsible for the running of the hearing
Shorthand writer - who takes notes of the hearing.
Witnesses – these can be either for the doctor or the GMC and they will be required to make a statement on facts relating to the case and answer questions.
Sometimes witnesses can be served with a formal summons to attend the hearing. This may be if you have had difficulty with your employer allowing you time to attend the hearing or if you are reluctant to attend. The summons is a legal requirement for you to attend the hearing, and if you ignore a summons, you may be prosecuted for contempt.
Virtual tour
We are planning to introduce a short film or virtual tour of a typical GMC hearing room. This will enable witnesses to see what they can expect before they come to give evidence. Watch this space.
