Giving evidence at a dental hearing

Running order and support for witnesses

All cases are dealt with as quickly as possible, but sometimes hearings run over time. Witnesses may need to wait some time before giving their evidence. If you can’t give your evidence on the day scheduled, you will be asked to come back on another day.

The independent committee hearing the case will be informed of the order that witnesses will be called to give evidence by the General Dental Council’s (GDC’s) case presenter. The order may change if any unexpected issues arise during the hearing.

The GDC’s case presenter will tell witnesses about the order and keep you updated during the day. If it is the dental professional or their lawyer who has invited you to give evidence, they’ll keep you updated.

If you’re attending an in person, the Hearings Support Officer will come and collect you when it is time for you to give evidence. The Hearings Support Officer and/or Witness Support Officer is there to help you if you have any concerns or need any help during the day.

Hearing room and attendees

The dental hearing room layout is similar to a court room, but it is less formal. You can see the typical layout of the hearing room below, including where the other participants will be seated during the hearing.

Taking an oath or affirmation to tell the truth

Before you give your evidence, you will be asked to take an oath to tell the truth. If you do not want to take a religious oath, you can read out an ‘affirmation’ to confirm the evidence you are about to give will be truthful.

If you are religious, you can take an oath on a holy book of your choosing. The following texts are available:

• Jewish (on the Old Testament).
• Christian (on the New Testament).
• Muslim (on the Quran).
• Hindu (on a Gita).
• Sikh (on the Gutka).

If you are of a different faith and would like a different holy book, please let the Witness Support Officer know before the hearing so the appropriate text can be made available.

If you are giving evidence remotely and wish to take an oath, you will need to have the relevant holy book with you.

The Hearings Support Officer can help you if you have any difficulties reading the oath or affirmation.

Introductions and confirming who you are

The Chair of the committee will introduce themselves and the rest of the committee to you and the legal representatives. You may be asked to confirm your name and details to the committee, but we normally protect the identity of patients and other non-professional witnesses.

You will be told how this will be done by the chair, the GDC’s case presenter or dental professional’s lawyer (if asked to attend by them). You may be asked to look at a witness schedule to confirm who you are, and you might be called, for example ‘Patient A’ or ‘Witness 1’, or something similar. These details will not be made public.

When giving evidence and answering questions, you may be asked to not refer to others by their name. In these cases, you should use the pseudonym provided e.g. ‘Patient A’, as detailed in the witness schedule. Hearings are digitally recorded and retained. Recordings may be used to create a transcript of the hearing at a later date.

Giving evidence and answering questions during the hearing

When answering questions, please:

• take your time
• speak clearly and slowly so everyone can hear your evidence and a recording can be made.
• ask for a break if you need one.

Please note: The microphones on the tables in the hearing room, do not amplify your voice, they just record what is being said.

Other important things to remember when giving evidence:

• Listen carefully to the questions and make sure you understand them before giving your answer
• If you don’t understand the question, say ‘I don’t understand. Can you ask me that again in a different way?’ If you still don’t understand, it is okay to say ‘I am sorry, but I still don’t understand’
• If someone asks you two or three questions together, you can ask them to repeat the questions one at a time.
• Don’t try to answer a question if you don’t know the answer or you cannot remember.
• If you’re asked the same question again, this does not mean your first answer was wrong. Just answer the question again.

The GDC’s case presenter will be the first person to ask you questions. The questions will be based on your witness statement, and they may also ask you about other matters (this is called examination-in-chief).

The GDC’s case presenter may also refer you to other documents which form part of the case. If you’re attending in-person, these documents will be either handed to you, or placed on the table in front of you. If giving evidence remotely, you will be sent copies of all documents that you might be asked to look at during the hearing.

The dental professional (if representing themselves) or their lawyer will also ask you questions. Their questions are likely to focus on the parts of your evidence they want you to clarify, or that they do not accept (this is called cross-examination). If the dental professional is representing themselves, they may be prevented from questioning you in certain cases (e.g. if you are the alleged victim of a sexual assault).

Cross-examination is an essential part of a fair hearing. The dental professional and/or their lawyer will question you to ensure your evidence is accurate, or they may put an alternative version of events to you and ask for your comments. When they’ve finished questioning you, the GDC’s case presenter will have an opportunity to ask you further questions.

The committee will ask you their set of questions. Their questions will be designed to clarify the issues and better understand the evidence you have given. Both parties will then have an opportunity to ask you any questions they may have arising from the committee’s questioning.

If the dental professional or their lawyer has asked you to give evidence, the process will be the same, except for the order. The first person to ask you questions will be the dental professional or their lawyer.

The chair (assisted by the legal adviser) will make sure that the hearing is managed fairly, and the questioning is reasonable and amiable.

Nobody will be allowed to raise their voice at you while you are giving evidence, but some questions may come across as challenging. Nobody will be able to ask you questions that are unfair, offensive or distressing.

Committee need to consider matters in private

The committee may need to consider matters in private during the hearing. If this happens in an in-person hearing the Hearings Support Officer will take you to the witness waiting room or another separate room until the committee is ready for you to return. If the hearing is being held remotely, you will be asked to leave and rejoin when the committee is ready.

It is very important that you do not discuss your evidence or the case with anyone while you are waiting to go back and continue giving evidence.

Dental hearing adjournments

An adjournment is a break in the hearing. The hearing may have to adjourn from time to time (e.g. for lunch, or at the end of each day if the hearing is heard over more than one day).

The committee may also adjourn for longer periods:

• to gather extra evidence
• if anyone involved becomes ill, or
• because it has overrun the days set aside for it.

If you have not finished giving evidence by the date the hearing is scheduled to end, you will be asked to attend again on newly scheduled dates. Your availability will be checked before the dates are confirmed. You will not be asked to start giving your evidence, if the legal team thinks that you will not be able to finish in time.

It is important to not talk to anyone about the case or your evidence during any adjournment. This includes anyone involved with the case, as well as your friends or family. Please remember that not complying could seriously affect the outcome of the case. You will be able to talk about the case when the hearing has finished, and the committee has made their decision.