Conduct of hearing
10.—(1) At any hearing—
(a)the proceedings shall be held in public unless the Committee is satisfied that, in the interests of justice or for the protection of the private life of the health professional, the complainant, any person giving evidence or of any patient or client, the public should be excluded from all or part of the hearing;
(b)subject to sub-paragraph (c) the rules on the admissibility of evidence that apply in civil proceedings in the appropriate court in that part of the United Kingdom in which the hearing takes place shall apply;
(c)the Committee may hear or receive evidence which would not be admissible in such proceedings if it is satisfied that admission of that evidence is necessary in order to protect members of the public;
(d)where the health professional has been convicted of a criminal offence, a certified copy of the certificate of conviction (or, in Scotland, an extract conviction) shall be admissible as proof of that conviction and of the findings of fact upon which it was based;
(e)the Committee may require evidence to be given on oath or affirmation and for that purpose may administer oaths or affirmations in an appropriate form;
(f)the Committee may adjourn the proceedings from time to time as it thinks fit.
(2) In paragraph (1)(b) the “appropriate court” means—
(a)the Court of Session in Scotland;
(b)the High Court of Justice in Northern Ireland; and
(c)the High Court of Justice in England and Wales.
(3) The Committee may require any person (other than the health professional) to attend a hearing and give evidence or produce documents.
(4) At the beginning of any hearing the Chairman shall explain to the parties the order of proceedings which the Committee proposes to adopt and, unless the Committee determines otherwise, the parties shall be heard in the following order—
(a)the Chairman shall invite the Solicitor to present the case against the health professional and to adduce the evidence in support of that case;
(b)any witness called by the Solicitor shall be examined by him, may be cross-examined by the health professional or his representative, may be re-examined by the Solicitor and may be questioned by the Committee;
(c)at the conclusion of the case against the health professional the Chairman shall invite the health professional or his representative to address the Committee and to adduce evidence as to the health professional’s fitness to practise;
(d)any witness called by the health professional shall be examined by him or his representative, may be cross-examined by the Solicitor, may be re-examined by the health professional or his representative and may be questioned by the Committee;
(e)the Chairman shall invite the Solicitor to address the Committee again;
(f)the health professional or his representative may then address the Committee for a second time.