Previous - Contents - NextMedical Practitioners Act 1995
VIII: Discipline
Procedure and Decisions of Tribunal 107 Special protections for complainants
107. Special protections for complainants---(1) This section applies
in respect of any hearing of the Tribunal on a charge laid under section
102 of this Act, where the charge relates to or involves---
(a) Any matter of a sexual nature; or
(b) Any matter that may require or result in the complainant giving
evidence of matters of an intimate or distressing nature.
(2) Without limiting section 106 (2) of this Act, where this section
applies in respect of any hearing of the Tribunal,---
(a) Before the complainant begins to give oral evidence, the presiding
officer shall---
(i) Advise the complainant of the complainant's right to give
his or her oral evidence in private; and
(ii) Ascertain whether or not the complainant wishes to
exercise that right; and
(b) If the complainant wishes to exercise that right, the presiding
officer shall---
(i) Ensure that no person other than one referred to in
paragraph (c) of this subsection is present in the room in which
the hearing is being held; and
(ii) Advise the complainant of the complainant's right to
request the presence of any person under paragraph (c) (viii) of
this subsection; and
(iii) Advise the medical practitioner to whom the charge being
heard relates of his or her right to request the presence of any
person under paragraph (c) (ix) of this subsection; and
(c) If the complainant chooses to exercise the right to give his or
her oral evidence in private, then, while the complainant is
giving oral evidence at the hearing, no person shall be present
in the room in which the hearing is being held except the
following:
(i) The members of the Tribunal:
(ii) The medical practitioner to whom the charge being heard
relates:
(iii) The person who is prosecuting the charge:
(iv) Any barrister or solicitor engaged in the proceedings:
(v) Any officer of the Tribunal:
(vi) Any person who is for the time being responsible for
recording the proceedings:
(vii) Any accredited news media reporter:
(viii) Any person whose presence is requested by the
complainant:
(ix) Any person whose presence is requested by the medical
practitioner to whom the charge being heard relates, unless the
complainant objects to that person being present:
(x) Any person expressly permitted by the Tribunal to be
present.
(3) Without limiting section 106 (2) of this Act, where this section
applies in respect of any hearing of the Tribunal, the Tribunal may, if
it is of the opinion that the interests of the complainant so require,
make an order under section 106 (2) (b) of this Act forbidding
publication of any report or account giving details of any acts alleged
to have been performed on the complainant or of any acts that the
complainant is alleged to have been compelled or induced to perform or
to consent to or acquiesce in.
Cf. 1961, No. 43, s. 375A; 1985, No. 160, s. 5; 1989, No. 103, s. 2
Previous - Contents - Next