Help for witnesses - Useful information
There maybe some terms that you are not familiar with. Here is a list of some of them.
Adjournment - a break in the hearing before it has completed its deliberations. The hearing will adjourn for lunch or comfort breaks and at the end of each day, if the case lasts for more than a day. An adjournment may be agreed for additional evidence to be obtained, in case of illness, or if the hearing has overrun.
Allegation - the charge that the fitness to practise of the doctor is impaired.
Chairman - the person who manages the MPTS panel. The chairman is also a member of the panel, and has responsibility for the fairness of the proceedings.
Condition - a sanction imposed by the MPTS panel that restricts a doctor’s right to practise for a period of time.
Contempt - where a person shows wilful disobedience to, or open disrespect for, a court or hearing. This is a criminal offence and can lead to prosecution.
Cross-examination - being questioned by barristers and the panel while giving evidence.
Defence counsel - a barrister who represents the doctor at the hearing.
Determination - the decision of the MPTS panel on the case.
Erasure - a sanction imposed by the panel to remove the name of the doctor from the List of Registered Medical Practitioners. This means the doctor cannot continue to practise medicine.
Evidence - what a witness says at the hearing and documentary evidence that can include photographs that are brought before a hearing.
Expert witness - a witness able to give opinions on any matter falling within their area of expertise on matters considered by the panel.
Findings of fact - the panel, once it has heard all the evidence, will decide whether the evidence has been proved. This is known as a finding of fact determination.
Finding of impairment - when the panel has made findings of fact, they will then consider whether the doctor’s fitness to practise is impaired.
Fitness to practise - the ability of the doctor to carry out their medical duties.
Hearing - a meeting of the fitness to practise panel appointed to hear a case.
Legal assessor - an experienced solicitor or barrister who advises the panel.
List of Registered Medical Practitioners - the medical register of doctors who are eligible to work in the UK.
Medical Practitioners Tribunal Service - the MPTS runs interim orders panel and fitness to practise panel hearings that make impartial decisions about doctors' fitness to practise. It is part of the GMC but is operationally separate and directly accountable to Parliament.
Mitigation - the doctor’s reasons for his or her actions.
No action - the panel has reached a conclusion and decided not to take any action against the doctor.
Panel - a group of panellists, comprising at least one medical and one non-medical person, and a chairman.
Restriction - a measure that prevents the doctor from carrying out certain functions or activities – for example, the doctor could be prevented from working privately. Sanction a decision by the panel that either restricts or removes a doctor’s right to practise.
Suspension - a sanction imposed by a panel that removes the doctor’s right to practise for a specified period of time.
Undertaking - a commitment given by the doctor to the panel to restrict their practice.
Warning - a warning may be issued to a doctor if the panel decides there has been a significant departure from the principles set out in the GMC’s guidance for doctors – Good Medical Practice – but a restriction on the doctor’s registration is not necessary.