Permission without Direction: Gross Negligence Manslaughter and Erasure following Bawa-Garba.

Abstract

This article explores when a doctor convicted of gross negligence manslaughter would be erased from the medical register. The General Medical Council (GMC) sanctions guidance avoids directing the Medical Practitioners Tribunal (MPT) about erasure following gross negligence manslaughter and rulings at the High Court and Court of Appeal argue against any presumption of erasure after a doctor is convicted of gross negligence manslaughter. The Court of Appeal in Bawa-Garba ruled that the sanctions guidance should not be taken to guide the MPT towards erasure after "serious harm to others either deliberately or through incompetence", but merely permits erasure in those circumstances. This approach is consistent with the rest of the sanctions guidance which allows the MPT wide discretion and defends that MPT's case-by- case approach. This promotes decision-making behind closed doors, diminishes the Sanctions Guidance, and makes it difficult to predict when a doctor will be erased after gross negligence manslaughter.