A doctor’s rights under ECHR art.8 would not be breached by the police disclosing information which had been unlawfully obtained during their investigation into a patient’s allegation of sexual assault against him to the General Medical Council for the purposes of its inquiry into the doctor’s fitness to practise.
art.8(2) DISCLOSURE ECHR 1950 art.8(1) EUROPEAN CONVENTION ON HUMAN RIGHTS 1950 art.8 FITNESS TO PRACTISE GENERAL MEDICAL COUNCIL HEALTH HUMAN RIGHTS INTERVIEW RECORDS LEGITIMATE AIM MEDICAL ACT 1983 s.35A POLICE POLICE INQUIRIES PRIVATE DOCUMENTS PROFESSIONS PROPORTIONALITY RIGHT TO RESPECT FOR PRIVATE AND FAMILY LIFE s.1(1)(a) s.3(5) s.35A(4) s.35A(6) s.35C(2) SEXUAL ASSAULT
A Crown Court judge presiding over a retrial had been wrong to designate a pre-trial hearing as a preparatory hearing, and so the Court of Appeal lacked jurisdiction to hear the defendants’ interlocutory appeal against his ruling that the complainant’s police interview and cross-examination at the original trial could be admitted as hearsay evidence at the retrial.
ADMISSIBILITY COMPLAINANT’S REFUSAL TO ATTEND RETRIAL COMPLEXITY CRIMINAL EVIDENCE CRIMINAL JUSTICE ACT 2003 s.114(1)(d) CRIMINAL PROCEDURE CRIMINAL PROCEDURE AND INVESTIGATIONS ACT 1996 s.29 DESIGNATION AS PREPARATORY HEARING HEARSAY EVIDENCE JURISDICTION PRE-TRIAL HEARINGS PREPARATORY HEARINGS RULING AT HEARING ON ADMISSIBILITY OF COMPLAINANT’S EARLIER EVIDENCE AS HEARSAY s.114 s.114(2) s.114(2)(g) s.116 s.116(2) s.116(2)(b) s.116(2)(e) s.13(1) s.1311(1)(c) s.29(1) s.3(5) s.31 s.35(1) s.40 s.40(4) s.91(1) SERIOUSNESS AND LIKELY LENGTH OF TRIAL SERIOUSNESS OF OFFENCE SEXUAL OFFENCES
An Asylum and Immigration Tribunal had made material errors of law in holding that exceptional circumstances were required before deportation could be ordered for a failed asylum seeker who had pleaded guilty to two sexual offences and had been sentenced to a two-year conditional discharge with a recommendation for deportation.
CONDITIONAL DISCHARGE DEPORTATION DEPORTATION OF FAILED ASYLUM SEEKER CONVICTED OF SEXUAL OFFENCES ERROR OF LAW FAILED ASYLUM SEEKERS IMMIGRATION IMMIGRATION ACT 1971 s.5(1) NEED FOR EXCEPTIONAL CIRCUMSTANCES RECOMMENDATIONS s.14 s.2(3) s.3(5) s.3(6) s.5 s.6 SENTENCING
A judge had been entitled to recommend the deportation of an offender despite a failure to provide notice as required by the Immigration Act 1971 s.6(2), since the offender and his counsel had been aware of the issue and had made submissions at the relevant time.
ASSAULT BY PENETRATION CHILD SEX OFFENCES CRIMINAL JUSTICE ACT 2003 s.229 CRIMINAL LAW DANGEROUSNESS FAILURE TO GIVE NOTICE IMMIGRATION ACT 1971 s.6(2) NOTICE RECOMMENDATIONS FOR DEPORTATION s.2(5) s.3(5) s.3(6) s.6 SENTENCING VALIDITY OF RECOMMENDATION
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