Information even unlawfully obtained is admissible to the GMC – Joanna Glynn


UK Human Rights Blog

785px-Doctors_stethoscope_1R (on the application of Nakesh) v Metropolitan Police Service and General Medical Council [2014] EWHC 3810 (Admin) – read judgment

The High Court has ruled that although information obtained unlawfully by the police is admissible in regulatory proceedings (even if not in criminal proceedings), it  “carries little weight” in the assessment of competing interests required by Article 8(2). 

The General Medical Council [“GMC”] has wide powers under section 35A Medical Act 1983 to require disclosure of information which appears relevant to the discharge of the Council’s statutory functions in respect of a practitioner’s fitness to practise.

Where the police are in possession of confidential material that they are reasonably persuaded is of some relevance to an investigation being conducted by the GMC, a doctor’s rights under Article 8 of the ECHR are not breached by the police disclosing that information, even where it was unlawfully obtained. However, the police…

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