QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF SHIEKH||Claimant|
|GENERAL DENTAL COUNCIL||Defendant|
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Mr D Bradly (instructed by the GDC) appeared on behalf of the Defendant
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"I consider it unlikely that you would indulge in making dishonest claims in the future."
In the event, the judge imposed a sentence of imprisonment, suspended for a period of time, and also made certain financial and costs orders. The actual sentence was 12 months' imprisonment and that was suspended for a period of 18 months. Mr Shiekh did in fact seek to appeal against that sentence but his application for permission to appeal was rejected by the Court of Appeal (Criminal Division) on 11th January 2007.
"(4) Where a Committee are satisfied that it is necessary for the protection of the public or is otherwise in the public interest, or is in the interests of the person concerned, for the person's registration to be suspended or to be made subject to conditions, the Committee may make --
(a) an order that his registration in the register shall be suspended during such period not exceeding 18 months as may be specified in the order (an 'interim suspension order'); or
(b) an order that his registration shall be conditional on his compliance, during such period not exceeding 18 months as may be specified in the order, with such conditions so specified as the Committee think fit to impose (an 'order for interim conditional registration')."
Section 32(5) then makes provision for the Committee having a power to review an interim suspension order or an order for interim conditional registration; and subsection (6) also gives power to the Committee with regard to an interim suspension order or order for interim conditional registration that has been made.
"Where an interim order has effect under any provision of this section, the court may --
(a) in the case of an interim suspension order, terminate the suspension,
(b) in the case of an order for interim conditional registration, revoke the order or revoke, vary or add to any condition imposed by the order,
(c) in either case, substitute for the period specified in the order (or in an order extending it) some other period which could have been specified in the order (or in the order extending it) when it was made . . . "
"We accept your submissions that Mr Shiekh poses no direct risk to the safety of the public. We have balanced Mr Shiekh's interests against the damage which his actions have done to the reputation of, and public confidence in, the profession. Our conclusion is that it is necessary to affect his registration through an interim order. We have considered whether any set of conditions would properly address those public interest concerns, but have decided that that would not be possible or sufficient in all the circumstances of this case.
Accordingly, we have determined that the only appropriate and proportionate outcome is to make an order for interim suspension of Mr Shiekh's registration for a period of 18 months, effective from today. This interim order will be reviewed in 6 months time."
"In the light of these matters the Committee has decided the issue for its consideration today is whether it is necessary in the public interest to maintain the interim order.
The Committee has concluded that public confidence in the profession and the reputation of the profession would be damaged if there were no interim order in this case . . . "
The Panel also expressly decided that it would not be sufficient to impose conditions as no condition would address the fundamental issue of the public interest, as it was said.