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What are the consequences of infamous conduct.

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Here is a thorough breakdown of the consequences of infamous conduct, covering both the professional and general legal dimensions:

Consequences of Infamous Conduct

What "Infamous Conduct" Means

"Infamous conduct" is a legal and professional term describing behavior that is so morally reprehensible, disgraceful, or dishonourable that it brings a profession or public standing into disrepute. In the professional context (especially medicine, law, and dentistry), it was classically defined in Allinson v. General Council of Medical Education and Registration as conduct "regarded as disgraceful or dishonourable by professional brethren of good repute and competency."
The conduct must meet a high threshold - not merely a breach of ethics, but one that, if left unpunished, would bring the profession itself into disrepute.

1. Professional Consequences

Striking-off (Erasure from the Register) Historically, infamous conduct in a professional context carried only one penalty: being struck off the professional register. Under the old standard set in Felix v General Dental Council [1960] AC 764, infamous conduct had to be "so heinous as to merit the extreme professional penalty of striking-off." This is permanent removal from the professional roll, effectively ending a person's career in that field.
Suspension Over time, many jurisdictions introduced suspension as an alternative to erasure, reserved for serious but not quite career-ending misconduct. In the UK, the phrase "infamous conduct in a professional respect" was replaced in 1969 with "serious professional misconduct," and suspension was later added as a lesser penalty option.
Other Disciplinary Sanctions Depending on the severity and jurisdiction, a disciplinary tribunal may also impose:
  • Formal cautions or reprimands
  • Conditions imposed on a practitioner's license (e.g., supervised practice)
  • Fines
  • Mandatory retraining

2. Civil Legal Consequences

  • Loss of civil rights - In many jurisdictions, conviction for an infamous crime (e.g., felonies involving moral turpitude) leads to disenfranchisement (loss of the right to vote) and disqualification from holding public office.
  • Incompetency as a witness - Under older common law traditions, persons convicted of infamous crimes could be rendered incompetent to testify in court proceedings. Modern jurisdictions have largely replaced this with rules on credibility rather than competency.
  • Loss of professional licences - Beyond healthcare, infamous conduct can strip a person of a law licence, an architect's registration, or any state-issued professional authorisation.

3. Criminal/Quasi-Criminal Consequences

  • Disqualification from public office - Conviction for an "infamous crime" (a term used in older constitutional and statutory texts, often equivalent to a felony or crime involving moral turpitude) disqualifies a person from serving in elected or appointed government positions.
  • Loss of military benefits or discharge - In military law, infamous conduct can result in a dishonourable discharge.
  • Immigration consequences - Conduct involving moral turpitude (historically linked to "infamous conduct") can lead to deportation or denial of citizenship in many countries.

4. The Factors That Determine Whether Conduct Is "Infamous"

Courts and professional tribunals assess:
  • Whether the conduct was sufficiently connected to the pursuit of the profession
  • Whether it would incur "strong reprobation" from peers of good repute
  • The degree of moral culpability (dishonesty, abuse of trust, or exploitation)
  • Whether it falls within established categories (e.g., sexual misconduct with patients, fraud, criminal conviction for serious offences)
As confirmed in Sloan v General Medical Council [1970] 2 All ER 686, there are "no closed categories of infamous conduct" - each case is assessed on its facts.

5. Evolution of the Term

The term "infamous conduct" is largely historical in modern professional regulation. Most jurisdictions have replaced it with "serious professional misconduct" or similar modern formulations that:
  • Allow a range of proportionate penalties (not just erasure)
  • Are defined by statutory codes of conduct rather than peer-referenced moral standards
  • Provide clearer procedural rights and appeal mechanisms
In summary, the core consequence of infamous conduct has always been the most severe disciplinary outcome available - in professional life, that is erasure from the register (loss of licence); in civic life, it is loss of civil rights, public office, and sometimes liberty. The seriousness of the penalty reflects the fact that infamous conduct is not a minor failing but a fundamental breach of the trust placed in a person by their profession or society.
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