Nursing and Midwifery Council v Armstrong [2018] EWHC 3311 (Admin)

Case No CO/4377/2018[2018] EWHC 3311 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
ADMINISTRATIVE COURT
Venue Royal Courts of JusticeDate Wednesday, 14 November 2018
Before
MR JUSTICE SWIFT
B E T W E E N:
Between
NURSING AND MIDWIFERY COUNCILApplicantARMSTRONGRespondent
MR M BELLIS (instructed by the Nursing and Midwifery Council) appeared for Applicant. for THE RESPONDENT did not appear and was not represented.
J U D G M E N TIf this Transcript is to be reported or published, there is a requirement to ensure that no reporting restriction will be breached. This is particularly important in relation to any case involving a sexual offence, where the victim is guaranteed lifetime anonymity (Sexual Offences (Amendment) Act 1992), or where an order has been made in relation to a young person.This Transcript is Crown Copyright.  It may not be reproduced in whole or in part other than in accordance with relevant licence or with the express consent of the Authority.  All rights are reserved.
[1]The first step to be taken now will consideration of the Rule 33 application. If that is successful, that will be the end of the proceedings. If that is not successful, then there will be a merits hearing.[2]Again, you are asking for a further 4 months. I cannot help but notice that even though this is a restriction of practise of order rather than a suspension it has been in place over an extended period now. I appreciate there had have some unavoidable delays in terms of the criminal process but it is still 19 months or so since April last year when the criminal proceedings were discontinued[3]I also appreciate there have been some difficulties obtaining sufficient medical evidence to deal with the Rule 33 application. But I think minds do need to be focused on cases where restrictions or suspensions have been in place over extended periods of time. It is unsatisfactory that professional disciplinary proceedings remain open over extended periods. I will make the order this time, but I would not expect a further application to be necessary, unless there were genuinely compelling reasons for that application. CERTIFICATE Opus 2 International Ltd. Hereby certifies that the above is an accurate and complete record of the judgment or part thereof. Transcribed by Opus 2 International Ltd. (Incorporating Beverley F. Nunnery & Co.) Official Court Reporters and Audio Transcribers 5 New Street Square, London EC4A 3BFTel: 020 7831 5627 Fax: 020 7831 7737 admin@opus2.digital This transcript has been approved by the Judge.