The panel’s decision making process

Reference: HEA-10b

Last Updated 22/01/2018

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We may offer no evidence on part or all of the facts in the charge if the facts do not affect the seriousness or there is insufficient evidence. When we do this, we will invite the panel to consider the steps we have taken to obtain the evidence relevant to the facts, the nature of the evidence and what evidence was considered by the case examiners. 

If the panel is not satisfied with the proposal to offer no evidence, it can still call evidence of its own motion.1 If necessary, the panel would have to adjourn the hearing to secure the attendance of witnesses or refer the matter to a hearing where witnesses could be called. In these circumstances, we would call the witnesses to give evidence.

Where no evidence has been offered on the charge or part of the charge and the panel is satisfied with the proposal, this brings the consideration of that charge or part of the charge to an end. The charge can only be reopened by an order from the High Court.

1 Rule 22(5) of the Rules