1977 Ed.]

Dentists (Registration and Disciplinary Procedure) Regulations

[CAP. 156

A 13

30. (1) After the announcement of the decision of the Council in respect of the charge, if such decision be a finding of guilty of the offence charged, the Council shall consider and determine whether or not to postpone sentence on the defendant.

(2) If the Council decides to postpone sentence, the sentence of the Council shall stand postponed until such future meeting of the Council as the Council may decide, and the Chairman shall announce the decision of the Council in such terms as the Council may approve.

31. (1) At any meeting of the Council at which sentence on a defendant is to be decided by the Council, before the Council shall decide such sentence an opportunity shall be given to the defendant, or his solicitor or counsel, to address the Council by way of mitigation and to adduce evidence as to the circumstances leading to the offence and as to the character and antecedents of the defendant.

(1A) At any such meeting-

(a) the Secretary or other person presenting the case to the Council may produce to the Council the records of any meeting of the Council at which an order was made against the defendant pursuant to section 18 of the Ordinance; and

(b) the defendant, in person or by his solicitor or counsel, may address the Council by way of mitigation and may adduce evidence as to the circumstances leading to any such previous order.

(2) The Council shall then consider and determine the sentence on the defendant and the Chairman shall announce the decision of the Council in such terms as the Council may approve.

32. (1) Where, in accordance with the provisions of regulation 30, the decision of the Council in regard to the sentence in respect of any charge stands postponed to a future meeting of the Council, the Secretary, not less than 1 week before the date fixed for such future meeting, shall serve on the defendant a notice specifying the date, time and place fixed for the meeting of the Council and inviting him to appear at such meeting; such notice shall be served in the manner provided by regulation 17 for the service of a notice of inquiry.

(2) If there is a complainant in respect of the charge, a copy of the notice shall be sent to such complainant.

33. (1) Evidence may be taken by the Council by oral statement on oath or by written deposition or statement.

(2) A summons to any person requiring him to attend an inquiry to give evidence or produce any document or other thing in his possession, in accordance with the provisions of section 19 of the Ordinance, may be in accordance with Form 7 in the First Schedule.

[Subsidiary] Postponement of sentence.

Address in mitigation.

L.N. 177/77.

Notice of postponement of sentence.

Evidence.

First Schedule. Form 7.

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