Regulatory proceedings including disciplinary proceedings
brought by public authorities are covered by the Human Rights Act. Where
such proceedings determine a civil right or a criminal charge, e.g.
professional disciplinary proceedings, they engage the right to a fair
hearing under Article 6 of the European Convention on Human Rights.
Article 6(1) includes the right to a determination “within a reasonable
time”. Undue delay can therefore lead to an infringement of Article 6. As
a separate matter, under the common law, undue delay can lead to
proceedings becoming an abuse of process.
Background
In Haikel v General Medical Council [2002] All ER (D) 99 (Jul),
the Privy Council had to consider the impact of Article 6 and the common
law in the context of GMC disciplinary proceedings. The GMC’s Professional
Conduct Committee (“PCC”) had found a registered general practitioner
