Z v Complaints Assessment Committee

The appeal concerns the decision of the Complaints Assessment Committee to refer certain complaints against the appellant to the Dentists Disciplinary Tribunal for disciplinary proceedings. The appellant was acquitted by a jury of criminal charges arising from the same conduct. The appellant argues that a criminal standard of proof or a standard close to it should apply to these disciplinary proceedings and, if that is the standard, that to hear the charges is an abuse of process. The Court of Appeal dismissed the appeal and found no abuse of process. The Court of Appeal concluded that the civil standard of proof was applicable to these disciplinary proceedings and that this conclusion reflected the protective purpose of the proceedings and the statutory regime. The Court of Appeal found no abuse of process because the disciplinary proceedings had a different purpose from the criminal proceedings and the appeal process was available to the appellant to challenge the outcome of the criminal proceedings.