THE DISCIPLINARY JURISDICTION OF PROFESSIONAL TRIBUNALS
| DOI | http://doi.org/10.1111/j.1468-2230.1962.tb02215.x |
| Date | 01 September 1962 |
| Published date | 01 September 1962 |
| Author | J. GARETH MILLER |
THE DISCIPLINARY
JURISDIC'I'ION
OF
PROFESSIONAL TRIBUNALS
AT
the present time there is an expanding group of professions
which are regulated by statute.
In
the nineteenth century
it
became apparent that there must be some guarantee that prac-
titioners in certain professions should possess a minimum compe-
tence and that there should be some guarantee of their integrity.
Since Parliament first intervened in the case
of
doctors in
1858'
the group has gradually grown
so
that it
now
includes dentists,
pharmacists, veterinary surgeons, nurses, midwives, opticians,
solicitors and architects. Statutory registration is being introduced
for medical auxiliaries and statutory registration for estate agents
is being debated.
In
each profession within this group some form of state regis-
tration has been introduced
in
the interest and for the protection
of the public.
In
each profession the legislature has sought to make
the qualified practitioner readily recognisable and
to
guarantee his
competence and integrity. Furthermore, while Parliament has
sought to regulate the members of these professions in the public
interest, the task of doing
so
has been entrusted to the members
of
the profession because of the special knowledge which is required.
To
fulfil these purposes control over entry into the profession
is not sufficient. Consequently, as part of the scheme, there is
in
each profession a tribunal of some kind exercising disciplinary
functions over the registered members of the profession to provide
a continuing guarantee. These powers can only be properly under-
stood
if
they are seen as part of the whole scheme of professional
regulation. They form a section of a wider scheme the framework
of
which has been provided by Parliament, leaving the details,
including the setting and enforcing of standards
of
competence and
integrity to the professions themselves.
The disciplinary powers
of
professional tribunals have two
aspects. First, the disciplinary action which can be taken against
a
practitioner, for example, erasure from the register. Secondly,
the grounds
on
which such disciplinary action can be taken.
In
this
article
it
is proposed
to
examine the second aspect.
Generally, the regulating statutes provide that the disciplinary
powers conferred are to be exercisable
on
two principal grounds:
(i) conviction of a criminal offence, and (ii) conduct variously
described as professional misconduct or infamous conduct in a
professional respect.
1
The Medical
Act,
1868.
2
The Professions Supplementary
to
Medicine Act,
1960.
581
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