Sam Thomas
· Sam is the Vice Chair of the Association of Disciplinary and Regulatory Lawyers (ARDL), and is the Chair of the Sports Law Practise Group. He represents professionals and regulators, primarily in the healthcare sector, in respect of disciplinary proceedings and NHS Performer and Contractor disputes, with appellant experience in the Administrative Court.
· Sam’s experience in financial regulation is growing. He regularly represents The Pension Regulator (TPR) in proceedings in the First Tier Tribunal and has recently appeared in the Upper Tribunal in relation significant matters of law. Sam has provided advice to the Financial Conduct Authority (FCA).
· The Police Federation have instructed Sam to defend police officers accused of police misconduct, and criminal contempt.
· He regularly appears before the General Dental Council (GDC), General Optical Council (GOC), UK Council for Psychotherapy (UKCP) and the Nursing and Midwifery Council (NMC), and has advised with regard to the gamut of allegations relevant to fitness to practise. Sam has also served as the Interim Head of Professional Discipline for the Association of Optometrists (which insures 89 percent of the optometrists in the UK.)
· When representing Registrants, Sam has successfully defended allegations of misconduct including: negligent clinical performance; poor record keeping; inappropriate sexual conduct; and acts of dishonesty. Sam is adept at utilising expert evidence within his written and oral advocacy.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2011
Experience
- House of Lords Select Committee on the Fraud Act 2006 and Digital Fraud (Specialist Advisor – Part Time) (Mar 2022 - Present)
- CMC Markets (Execution Dealer) (2006 - 2008)
Membership
- Vice Chair Association of Regulatory and Disciplinary Lawyers
- Bar Council Information Technology Panel
- Health & Safety Lawyers Association
- Criminal Bar Association
Qualifications
- LLB (2011)
- BA (Econ) Economics Hons (2005)
Education
- University of Law, London (2010-2011)
- University of Manchester (2002-2005)
4 Contributions by Sam Thomas
PRACTICE NOTES
Computer Misuse Act 1990 (UK): unauthorised access, impairment, serious damage and articles offences—elements, sentencing and jurisdiction
Background
The Computer Misuse Act 1990 (CMA 1990) was primarily passed to tackle the risk posed by unauthorised entry into computer systems, commonly labelled ‘hacking’ offences. It became clear that no suitable law existed to prosecute such activity, a gap highlighted especially by R v Gold & Schifreen, where the Court of Appeal set aside a conviction for making a false instrument, contrary to the Forgery and Counterfeiting Act 1981, in circumstances amounting to unauthorised access to BT’s Prestel Computer Network. The House of Lords affirmed that ruling, holding the behaviour fell beyond the false instrument offence because the false information—namely the passwords used to secure entry—had to be retained on the instrument for a meaningful period. At the time, the statute drew criticism as rushed and ill-conceived, and Parliament had no real conception of the ‘World Wide Web’, which did not achieve prominence until the mid-1990s. Nonetheless, as global interconnectivity grew and, in turn, desktop computing waned, the courts have read the CMA 1990 so as to give it practical effect. The CMA 1990 was later amended by the Police and Justice Act 2006 (PJA 2006)...
Corporate Crime
PRACTICE NOTES
General Optical Council Fitness to Practise under the Opticians Act 1989: Procedural Guide to Investigations, Case Examiners, Interim Orders, Hearings, Sanctions, Appeals and Restoration
Who is the General Optical Council (GOC)
The General Optical Council (GOC), created as a corporate body by the Opticians Act 1989, exists to protect the public by promoting high standards in professional education, conduct and performance. Its purpose is to protect, promote and maintain:
the public’s health, safety and well-being
public confidence in the professions it regulates
professional standards and conduct for Registrants and prospective Registrants
proper standards and conduct for business Registrants
This Practice Note summarises GOC fitness to practise proceedings, investigations, and applications for restoration to the Register. The GOC regulates registered Optometrists and Dispensing Opticians. In this Practice Note, a ‘Registrant’ is:
a registered Optometrist
a Dispensing Optician
student Optometrists
a Registered Business
This Practice Note should be read with the following: Practice Notes—Common principles in fitness to practise proceedings; Criminal proceedings and convictions in healthcare regulatory proceedings; and the specific Practice Note for other healthcare regulators, including:
General Dental Council—fitness to practise proceedings
General Medical Council—fitness to practise
...
Local Government
PRACTICE NOTES
NHS performers lists regulation across England, Scotland, Wales and Northern Ireland: inclusion, duties, conditions, suspension, removal, hearings (PAG/PLDP) and appeals for GPs, dentists and optometrists
This Practice Note outlines the National Health Service’s role in overseeing the professionals it engages to deliver NHS care. It sets out how performance lists for General Practice Medicine, Dentistry and Optometry operate to ensure that suitably qualified practitioners are available to work within the NHS. It describes the mandatory process for obtaining inclusion on the performance lists as the gateway for any professional seeking to practise in the NHS. It also explains the conditions attached to inclusion on the operating list, the ongoing duties placed on those listed, and the regulatory powers to examine suspected breaches of those conditions, including the conduct of hearings, the availability of appeals and the imposition of sanctions where non-compliance is proven.
Commissioning services in the NHS
The NHS does not share a single structure across the UK. It is first divided by country (for example, NHS England and NHS Scotland) and, in some nations, is further subdivided. NHS England, for instance, is organised into multiple Local Area Teams, while NHS Scotland, historically more centralised, is transitioning towards a Local Area Teams model...
Local Government
PRACTICE NOTES
UK criminal offences under the Data Protection Act 2018: elements, defences, sentencing, ICO powers and DUAA 2025 changes
Practice Note: Criminal offences under the Data Protection Act 2018 (DPA 2018)
This Practice Note outlines the criminal offences set out in the Data Protection Act 2018 (DPA 2018). Those provisions took effect on 25 May 2018. For details of the DPA 2018’s aims and coverage, see Practice Note: The Data Protection Act 2018. The DPA 2018 repealed the Data Protection Act 1998 (DPA 1998) on 25 May 2018. However, data protection offences committed before 25 May 2018 may still be pursued under the DPA 1998 notwithstanding its repeal. For guidance on data protection and data handling offences under the DPA 1998, see Practice Notes: Unlawfully obtaining data under the Data Protection Act 1998 [Archived] and Notification offences under the Data Protection Act 1998 [Archived]. The DPA 2018 was later amended by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations, SI 2019/419, replacing references to ‘GDPR’ with ‘UK GDPR’ with effect from 31 December 2020. The Data (Use and Access) Act 2025 (DUAA 2025), which obtained Royal Assent on 19 June 2025, also introduced substantial changes to the DPA 2018 and UK GDPR...
Corporate Crime
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