| 释义 |
professional tribunal
The arm of a professional regulator that exercises jurisdiction over its disciplinary, adjudicatory, and sentencing functions. For example, the General Medical Council is responsible for regulating the conduct and practice of doctors in the UK. However, where the Council believes a registrant’s fitness to practise is called into question, or their performance has fallen below the expected standard or is in breach of the profession’s code, it is the Medical Practitioners Tribunal Service that will oversee the proceedings brought by the regulator. Registrants are not automatically entitled to representation and will usually be required to draw upon their indemnity insurance and medical defence union for access to legal advice. To prosecute a registrant for a disciplinary offence, or breach of the profession’s code, a regulator must present its case at trial, outlining the breach or violation alleged and supplying any relevant evidence. If the case is proven, the tribunal may issue a warning or impose disciplinary sanctions or an interim order (e.g. one restricting a doctor’s right to practise or requiring them to retrain). Ultimately, the tribunal has the power to remove a doctor from the register, either temporarily or indefinitely. Such tribunals are often constituted and funded by the regulator to operate at arm’s length. Typically, the investigatory and prosecutorial functions are carried out by the regulator, while the adjudicatory and sentencing functions are carried out by the tribunal. Appeals from findings of the professional tribunal are usually heard by one of the higher courts, such as the High Court in England and Wales. The body that hears professional complaints against solicitors is the Solicitors Disciplinary Tribunal. Compare oversight authority. |