Blog

By Clayton Williams, Consultant Solicitor at BMA Law.

There are occasions when doctors face criminal proceedings and this article seeks to allay any fears doctors might have in such circumstances and explain how best to respond in that situation.

Anyone who faces criminal proceedings will experience feelings of alarm, panic and distress, all of which are all understandable given the impact such proceedings might have upon an individual’s career, reputation and family.

At BMA Law we strongly advise that you immediately reach out to your medical defence organisation or indemnity provider to ensure that representation is provided to you at your police station interview and any court proceedings which may follow.

If you are arrested in respect of a criminal allegation and do not have the opportunity to speak with your defence organisation you should request the services of the duty solicitor scheme to represent you at your police station interview.

Duty Solicitor Scheme:

If you are detained at a police station in England or Wales, you are entitled to speak to a solicitor free of charge. The scheme ensures a solicitor is available 24 hours a day at every custody suite across the country.

Getting immediate legal advice before answering police questions is one of the most important and consequential decisions you can make as a police interview can shape an entire case against you.

Criminal Proceedings:

If a doctor is charged to appear at court in respect of a criminal offence, BMA Law can assist in ensuring that your legal interests are protected by explaining the process and advising on matters of law and process to allow you to make informed decisions in your approach to the case.

Given the complexity of criminal proceedings, it is vital to instruct lawyers to assist you through the magistrate and/or Crown Court and appeal processes and advise on the strengths and weaknesses of the individual case; a discussion on which venue to hear the case and the regulatory and employment implications following a criminal charge.

GMC:

There is an assumption that doctors only need to report a criminal conviction to the General Medical Council (GMC) but doctors have an obligation to report any criminal charges, cautions or equivalent disposals to the GMC without delay.

The obligation extends to all criminal, regulators and disciplinary matters, including those that occur overseas.

Should you fail to report such matters, this in turn can lead to a separate fitness to practice issue and the GMC might consider whether your honesty and integrity are called into question during their decision-making processes.

That duty further extends to issues which may have arisen overseas, and doctors should be aware that if they are caught up in criminal proceedings within other jurisdictions, the duty to disclose such matters very much exists.

The GMC expects doctors to be open and transparent when it comes to disclosure and if doctors are unsure if disclosure is necessary, they should reach out to their indemnity provider.

The duty to report also extends to cases where another professional regulator or professional body has made findings.

Doctors must also disclose any criticism from official inquiries or tribunals that might question their fitness to practice.

To contain such matters, any doctor facing such allegations must obtain professional advice and assistance throughout the process.

Compliance with GMC reporting duties and obtaining legal guidance are essential to mitigate any professional harm that such incidents can raise.

While criminal prosecution against a doctor is thankfully rare, allegations can significantly impact upon a doctor’s career and the trust placed in the medical professional as per GMC good medical conduct expectations.  It is essential that doctors take such matters seriously and act expeditiously and openly to limit any damage that such moments might ultimately administer.

How can BMA Law help?

If you are facing a situation that may require self-referral to the GMC, or you require advice surrounding any GMC matter, our specialist regulatory lawyers can provide clear, practical advice and support throughout the process. Contact us on 0300 123 2014 or complete our referral form here.