Forced Marriage A Special Bulletin

by Heaton, Clive; McCallum, Louise; Jogi, Razia

• ISBN13: 9781846611674
• ISBN10: 1846611679
• Format: Paperback
• Copyright: 2009-09-01
• Publisher: Jordan Publishing Limited

Summary

The UK's Forced Marriage (Civil Protection) Act 2007 came into force on November 25, 2008, and specialist courts are designated in areas where most cases are expected to arise. The purpose of the Act is to give UK family courts the power to prevent attemp

Table of Contents

Preface

Extract from the Introduction to the First Edition

Acknowledgements

Tables of Cases

Table of Statutes

Table of Statutory Instruments

Table of European Legislation

Table of Abbreviations

Disciplinary and Regulatory Proceedings

The Basis of the Jurisdiction

The legal basis of the disciplinary and regulatory functions

Territorial jurisdiction

Jurisdiction in time

Who may be the subject of disciplinary action?

Responsibility for the acts of another

The Right to a Fair Trial

The common law right to a fair trial

The human right to a fair hearing

To what organisations do the rules of natural justice apply and how may they be enforced?

To what organisations does the human right to a fair trial apply?

How is the human right to a fair hearing enforced?

Applying to Strasbourg

The Common Framework

The investigatory body

The adjudicatory body

The appellate body

Alternatives to disciplinary action

The Grounds for Disciplinary Action

Epithet misconduct (or misconduct broadly defined)

Breach of rules as misconduct

Breach of principles

Criminal conduct

Bad work

Conduct in public office

Fee complaints

The Role of Ethical Guides and Codes of Practice

What the Codes deal with

Ethical codes and rules contrasted

The effect of a ''have regard to'' provision

Codes and civil liability

Restrictive practices

Conflicts of interest

Commencing an Investigation

The reasons for an investigation

What are the rights of a person under investigation?

The duty to report misconduct

Inter-regulatory disclosures

Confidentiality and inter-regulatory disclosure

Tortious liability for information supplied to a regulator

The Investigation

The decision to investigate

What legal constraints govern the conduct of an investigation?

When should an investigation be deferred pending action by

When must an investigation be deferred pending criminal proceedings?

When must an investigation be deferred pending civil proceedings?

Resignation to prevent disciplinary action

Documents created in the course of an investigation

The Decision to Prosecute

The decision to bring disciplinary proceedings

Procedures short of full disciplinary hearing

The Tribunal

The right to an independent tribunal

The right to an impartial tribunal

The right to a tribunal ''established by law''

The composition of a disciplinary tribunal

The legal assessor

Judicial protection of tribunals

Pre-trial IssuesPre-trial hearings

The charges

Fair notice

AdjournmentsStay of proceedings

Disclosure

Public HearingsPublic hearings

The problem of defamation

The duty to publish findings

Witnesses, Evidence and Proof

The burden of proof

The standard of proof

The admissibility of evidence

Proving particular facts

Expert witnesses

Securing the attendance of witnesses

Legal professional privilege

Public interest immunity

The privilege against self-incrimination

The Hearing

The right to an oral hearing

The right to representation

The order of proceedings

The giving of evidence

Decision making

The giving of reasons

Penalties, Powers and Costs

The purpose of disciplinary sanctions

The process of determining penalty

Particular penalties and powers

CostsPayment of fines and costs

Appeal and Judicial ReviewInternal appeals

Appeals to the court

Judicial review

Declaratory relief

Regulatory Functions

The regulatory committee

The duty to act fairly

The decision

AppealMembership of a professional body

Authorisation and licensing

The rights of third parties

The tortious liability of an informant

Can a regulatory function be delegated?

The Enforcement Powers of the Financial Services Authority

FSA''s statutory objectives

Information gathering and investigation powers

The Regulatory Decisions Committee

The discipline of authorised firms and approved individuals

The market abuse regime

Designated professional bodies

Healthcare Regulation

The Council for Healthcare Regulatory Excellence

The General Medical Council

Table of Contents provided by Publisher. All Rights Reserved.