Derby businessman ordered to pay more than £9,000 after illegal tooth whitening conviction 1st June 2018 Mr Jolly, who attended court for sentencing on 31 May, was found guilty of the offence at an earlier hearing on 17 May. In passing sentence, District Court Taafe said: “This is a matter that the Court takes extremely seriously… the risks in teeth whitening are many and can lead to severe and permanent damage to young persons, and others, if not properly dealt with… the fine in my view has to be sufficient to deter others from acting in this way.” After receiving complaints in August 2017 that Mr Jolly was advertising an illegal tooth whitening service online, the General Dental Council (GDC) launched an investigation. On Tuesday 13 February, Mr Jolly held himself out to undercover GDC investigators as being prepared to practise dentistry, namely tooth whitening. Under the Dentists Act 1984, and following the High Court’s ruling in GDC v Jamous, the legal position in relation to tooth whitening is very clear. The treatment can only be performed by a dentist or a dental therapist, dental hygienist or a clinical dental technician working to the prescription of a dentist. During the investigator’s visit, as well as offering the illegal treatment Mr Jolly disclosed he had previously whitened a minor’s teeth and offered clinical advice including that smoking should be avoided for 24 hours after the treatment but that vaping immediately after treatment was OK. Katie Spears, Head of Illegal Practice at the General Dental Council said: “Our primary purpose at the GDC is to protect the public from harm. Illegal tooth whitening represents a real risk as those who carry it out are neither qualified to assess a patient’s suitability for the treatment nor are they able to intervene should an emergency arise. The GDC takes reports of illegal practice of dentistry very seriously and, where appropriate, will prosecute in the criminal courts.” Prosecution details: On 31 May 2018, Mr Jolly was sentenced to pay a fine of £6000, full GDC legal costs of £2,964.30 and a victim surcharge of £170. The initial hearing took place on 17 May 2018 at Derby Magistrates’ Court. In passing sentence, District Judge Taafe took account of Mr Jolly’s of admissions, previous good character and the indication that he would have pleaded guilty had he attended the initial hearing, and applied a discount of one third to the fine which would otherwise have been £9,000. Charge 1: On 3 February 2018, Harjeet Jolly, who is not a registered dentist or dental care professional, did unlawfully hold himself out as being prepared to practise dentistry, namely tooth whitening, at Jolly Laser Clinic, 45 Friar gate, Derby, DE1 1DA, contrary to Section 38 (1) and (2) of the Dentists Act 1984. Section 38 of the Dentists Act 1984 (‘the Act’) states that; (1) [A person who is not] [a registered dentist or a dental care professional] shall not practise or hold himself out, whether directly or by implication, as practising or as being prepared to practise dentistry. Mr Jolly did not attend court on 17 May 2018 and District Judge Taaffe accepted an application to proceed in his absence. Mr Jolly was found guilty of an offence contrary to S.38 of the Dentists Act, with sentence adjourned to 31 May 2018 to allow financial information and accounts to be produced.