Criminal law and healthcare fitness to practise: referrals, disclosure, interim orders, evidential use of convictions, sanctions and ROA exceptions (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

This Practice Note provides a practical overview of the impact that criminal investigations, prosecutions and convictions may have on healthcare practitioners, and on the integrity of the register that regulators have a statutory duty to maintain. It should be considered alongside the Practice Note: Common principles in fitness to practise proceedings and the relevant Practice Note for each regulator below:

General Dental Council—fitness to practise proceedings
General Medical Council—fitness to practise proceedings
General Optical Council—fitness to practise proceedings
General Pharmaceutical Council—fitness to practise proceedings
Health and Care Professions Council—fitness to practise proceedings
Nursing and Midwifery Council Proceedings—fitness to practise proceedings
Social Work England—fitness to practise proceedings

Function of criminal courts v fitness to practise proceedings

The distinct purposes of the criminal courts and professional regulators, and how they interact, were analysed in Bawa-Garba v GMC. The appeal centred on the correct approach to a conviction for gross negligence manslaughter when applying fitness to practise sanctions, particularly where the registrant is not considered to pose a continuing risk to patients. The case concerned a doctor specialising in paediatrics, who was found...

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John Donnelly

2BR

John specialises in Regulatory law, particularly; healthcare, psychotherapy and social care. He has experience in drafting Codes of Conduct, Ethics and procedures such as Interim Orders as well as advising on Appeals. He has been instructed to advise Investigatory Panels on both evidence and procedure in large scale enquiries. As an advocate John was formerly approved counsel for the Fraud Investigation Group (FIG), and CPS instructed in serious frauds, murders and court martials. John conducts training seminars and workshops for Local Authorities (Trading Standards) Regulatory Panels (case law updates and evidence) and Ethics to Bar students. John is a registered pupil supervisor (Inner Temple) and act as Mentor on behalf of BSB to a newly qualified practitioner who practises in Vienna as a Human Rights lawyer....

Matthew Cassells

Blake Morgan LLP

Matt quailed in as a barrister in 2015 and has worked exclusively as a professional regulatory lawyer since that time.As an advocate he has conducted hundreds of fitness to practise cases at all levels of complexity, appearing before professional tribunals and courts, particularly the High Court on appeal.Matt has also acted as legal adviser to regulatory tribunals and been a speaker at ARDL events....

Grace Khaile

Blake Morgan LLP

Grace has a degree in history and international relations from Royal Holloway University and a Graduate Diploma in Law (GDL) from The University of Law. She received the Lord Diplock from the Honourable Society of the Middle Temple which facilitated her Bar Professional Training Course which she undertook in London. Grace was called to the Bar of England and Wales in 2020 and completed pupillage in July 2022.Prior to joining Blake Morgan, Grace practised at the independent Bar of England and Wales with a focus in domestic and international criminal law. Grace has extensive experience undertaking criminal advocacy in the Crown Court and Magistrates Court, with experience prosecuting and defending a range of matters. She also has experience in regulatory advocacy having represented the Nursing and Midwifery Council as external counsel before a period secondment at the Nursing and Midwifery...

Web page updated on 21/05/2026

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