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Evidence and submissions by or on behalf of a relevant person

87.On application by a relevant person, the Board may allow that person or a person giving evidence on behalf of that person to give oral evidence in respect of an application.  A relevant person may, in person or through a legal representative, and with the consent of the Board, cross-examine the applicant and any person giving evidence on the applicant’s behalf but, as provided by section 11(8)(c) of the Act, only for the purposes of -

(a)correcting any mistake of fact or misstatement relating to or affecting the relevant person made in the application,

(b)defending the relevant person in relation to any allegation or defamatory or untrue statement, made in the application, or

(c)protecting and vindicating the personal and other rights of the relevant person.

88.The Board will normally consent to the giving of oral evidence and such cross-examination where the relevant person has provided detailed written evidence relating to the application within two months of receipt of the notice informing him or her that an application has been made; but, save in exceptional circumstances to be determined by the Board, a relevant person will not be allowed to give oral evidence, nor to cross-examine any person, regarding matters not detailed in that written evidence.

89.A relevant person may request the Review Committee to review any refusal by the Board to allow him or her to give evidence, or to conduct a cross-examination, at a hearing.

90.A relevant person or a person giving evidence on behalf of a relevant person may be asked questions by the Board and by counsel or solicitor for the Board.  A relevant person or a person giving evidence on his or her behalf may also be cross-examined by the applicant, in person or through a legal representative, but only with the consent of the Board.  The Board will consent to such cross-examination where it considers that it is necessary or expedient in the interests of justice.

Evidence adduced by counsel or solicitor for the Board

91.The Board will normally be represented by either a solicitor or counsel at the hearing, but in certain circumstances may sit without a legal adviser. If present, the solicitor or counsel’s role will be advisory in nature and not adversarial.  The Board’s counsel or solicitor may call such expert witnesses to give evidence at a hearing as the Board may require, but it is not the normal practice of the Board to require such a witness.

Inadmissibility of evidence in civil or criminal proceedings

92.A statement or admission –

(a)made by a person before the Board, or

(b)made by a person in a document prepared for the Board for the purposes of assessing an application and sent to the Board, a member of the Board or to a member of staff or medical adviser of the Board,

shall not be admissible as evidence against that person, or against any other person who may be liable for the acts or omissions of that person, in any criminal or civil proceedings in a court or other tribunal.

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