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	England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> General Pharmaceutical Council v Lakatos [2012] EWHC 335 (Admin) (03 February 2012) URL: http://www.bailii.org/ew/cases/EWHC/Admin/2012/335.html Cite as: [2012] EWHC 335 (Admin)

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IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT

		Royal Courts of Justice Strand London WC2A 2LL
		3 February 2012

1. MRS JUSTICE DOBBS: The General Pharmaceutical Council seeks a 6-month extension under Article 54(5) of the Pharmacist and Pharmacy Technicians Order 2007 of the interim suspension order which was made on 6 August 2010. I have today received a statement from Jeremy Loran, the case progression paralegal at the Council, setting out the steps taken to ensure that the respondent was informed and aware of this hearing. He is, because he has sent a letter to the court, dated 25 January 2012.
2. The background is that the pharmacist came to the attention of the applicant following a referral on 14 July 2010 by the Hampshire Police. It transpired that the respondent had been charged with murder and remanded in custody. He was convicted of manslaughter on the grounds of diminished responsibility on 8 July 2011 and sentenced to 78 months' imprisonment.
3. The background to the applicant's investigation is as follows. After receiving the referral on 14 July, the case was sent to the disciplinary committee for consideration of an interim order on 20 July. On 6 August 2010, the committee imposed an interim order suspending Mr Lakatos from practising as a pharmacist for 18 months. The decision was reached on the basis that the order was necessary to maintain public confidence in the profession and otherwise in the public interest. Because of the impending criminal trial, the Council was not able to serve its case as required by 21 February 2011, as it needed time to obtain documentation from the police and court following trial and sentence. An extension of time was granted by the Fitness to Practise Committee to a date three months from the conclusion of the criminal proceedings. The case was served on the registrant on 21 September 2011. The allegation was that his fitness to practise was impaired by reason of his conviction. The fixed date for hearing is 12 April 2012. The registrant has been notified of that hearing. He was so notified on 13 December last year.
4. Applying the same criteria as the disciplinary committee, this court has to be satisfied, having regard to the gravity of the allegations, the nature of the evidence, the seriousness and risk of harm to patients, the reason why the case has not concluded and the prejudice to the registrant if the case is not concluded, whether the order is necessary for the protection of the public, the public interest or the registrant's own interest.
5. Mr Lakatos has written to the court (and confirmed by Mr Millin) indicating that he has made an application to leave the Pharmaceutical Society voluntarily. This application was made in 2011. However, it has not yet been determined although it is under consideration. Therefore, as such, he is still registered.
6. Turning now to the matters that the court has to consider: the conviction upon which the allegation is based is extremely serious, involving as it does the taking of life. The reasons for the delay cannot be held at the door of the applicant but relate to the criminal trial. It is not clear when the registrant is to be released, but in any event in light of the conviction which has not been appealed and the allegation that flows therefrom, I am satisfied that not to renew the suspension would undermine public trust and confidence in the profession and therefore this extension is necessary. Therefore there will be an extension for 6 months. The expiry date is 2 August 2012. Thank you, Mr Millin.