The recent (17 December 2021) professional regulatory Court of Appeal judgment in Wray v GOsC is well worth a read!
It provides a helpful reminder of the approach to be taken by regulators where criminal proceedings have resulted in a conditional discharge (particularly within the context of matters before the PCC of the GOsC).
It also highlights the difficulties that can arise where relevant authorities have not been made available in the earlier proceedings (paragraph 111, 116)
– in this case, authorities relevant to section 14(1) of the PCCSA (see paragraphs 50-59) such as the case or R v Harris.
Whilst the Court concluded that the High Court ‘fell into error’ in its analysis of the procedure (para 127), and had been wrong to characterise the procedure as a ‘hybrid’ one, it concluded that the correct test had been applied for UPC by the High Court (para 129).
Whilst a lengthy judgment – it is certainly well worth a read! A copy of the judgment can be found here: https://www.bailii.org/ew/cases/EWCA/Civ/2021/1940.html