Each Professional Conduct Committee or PCC must consist of not fewer than three members of the Fitness to Practise Committee - including at least one lay and one dental member. PCC is advised on matters of law and procedure by a Legal Assessor (a barrister, advocate or solicitor of not less than 10 years standing). The dentist called before the PCC usually attends the hearing but is normally represented by a barrister or solicitor.
Since 31 July 2006 when the Dentists Act 1984 was amended, the PCC has operated under two parallel legal systems. If a complaint was received by the GDC before 31 July 2006 then the case is considered under ‘old rules’; if it was received after 31 July 2006 then it is considered under ‘new rules’. Currently, the majority of cases are considered under ‘old rules’.
The main differences under the ‘new rules’ are that:
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The Committee judges whether the practitioner’s fitness to practise is impaired by reason of his/her conduct
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The standard of proof is the civil standard
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The Committee has the power to impose conditions in addition to all other sanctions
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The Committee has the power to impose suspension with a review before the end of the suspension
Under the 'old rules'
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The Committee judges whether the practitioner is guilty of serious professional misconduct
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The PCC follows the procedures as for any British court including rules of evidence and sworn statements from witnesses
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The standard of proof to be found by the Committee is the same as in criminal proceedings, 'beyond reasonable doubt'.
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A barrister or solicitor presents the GDC's case, which is followed by the respondent dentist's case.
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The Committee then makes its decisions in private and announces them in public.
In conduct cases, the Committee decides whether the facts presented by the Council have been proved.
When considering convictions, the Council's Solicitor produces the certificate of conviction. No facts need to be found proved. The only duty of the Professional Conduct Committee is to decide whether (and what) further action needs to be taken against the dentist.
If all (or some of) the facts are proved, the Committee decides whether the facts that have been found proved amount to serious professional misconduct, under the 'old rules' or impairment, under the ' new rules'. If the Committee records a finding of serious professional misconduct or impairment it must then decide what action is to be taken.