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  6. Decision on when it is appropriate to consider and decide a VE application
Voluntary erasure applications

Decision on when it is appropriate to consider and decide a VE application

  1. The decision on when it is appropriate to consider and decide a voluntary erasure (VE) application is for the medical practitioners tribunals (MPT’s) judgement, attaching such weight as they consider appropriate to any exceptional circumstances and relevant public protection considerations.  

  2. Where the MPT decides there are no exceptional circumstances, or where any relevant public protection considerations outweigh the exceptional circumstances, the MPT should proceed to make findings of fact and then consider and decide the VE application. 

  3. Where the MPT decides there are exceptional circumstances that outweigh any public protection considerations, the MPT can consider and decide the VE application before findings of fact are made, provided the hearing has commenced.7
7 This means that the hearing has reached and completed the stage at Rule 17(2)(d) of the Rules.