||All England Reporter
|| All ER (D) 46 (Dec)
||Queen's Bench Division (Administrative Court)
Kenneth Parker QC sitting as a deputy judge of the High Court
||Nicola Greaney (instructed by Irwin Mitchell) for the nurse.
||Peter Arnold (instructed by the Nursing and Midwifery Council) for the council.
||5 December 2006
Medical practitioner - Professional misconduct - Charge of professional misconduct - Nurse - Nurse found guilty of misconduct on three counts - Professional misconduct committee ordering permanent removal from register - Whether committee under duty to state explicitly that lesser sanctions considered or that sanction imposed only appropriate sanction.
There was no rule of law that required a body dealing with a charge of misconduct such as the professional misconduct committee of the Nursing and Midwifery Council to state explicitly that lesser sanctions had been considered, or that the sanction imposed was the only one which was suitable. It was, however, good sentencing practice to confirm that the sanction imposed was the only one necessary to achieve the goals sought, and to show that lesser penalties had been considered.
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