FtP library
Criminal convictions and cautions
Reference: FTP-2c
Last Updated 06/05/2025
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Overview
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This page sets out when a nurse, midwife or nursing associate’s criminal offending may be relevant to their registration or fitness to practise.
We also explain how we assess the seriousness of criminal convictions and what we do when possible criminal conduct does not end with a caution or conviction.
Considering criminal conviction or caution declarations
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Nurses, midwives or nursing associates must
declare any cautions or convictions, unless these are for a
protected caution or conviction, when they apply to join our register or renew their registration with us.
They also need to let us know if they are charged with a criminal offence, are convicted or receive a caution while they’re on our register.
Not telling us about a conviction or caution is a clear breach of the Code.
If there’s evidence the nurse, midwife or nursing associate was dishonest about criminal offending when they applied to join our register or renew their registration, we’ll have to carry out a full investigation into the circumstances to determine if this affects their registration.
If a nurse, midwife or nursing associate is involved in criminal offending after they joined the register, or renewed their registration, it won’t affect their entry in the register, but it may affect their fitness to practise if they kept the fact they were charged, accepted a caution, or were convicted, from us.
This is because we have a clear expectation, as set out under the Code, that nurses, midwives or nursing associates should let us know if they are charged with a criminal offence or receive a caution, conditional discharge or criminal conviction as soon as they can.
In all these cases we’ll consider the possible effect on the nurse, midwife or nursing associate’s registration, or their fitness to practise, even if the offending itself was not serious.
Assessing the seriousness of convictions and cautions
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Specified offences and custodial sentences
We will almost always take concerns to a fitness to practise panel when a professional
- has been convicted of any of the serious crimes we classify as specified offences and/or
- has been given a custodial sentence (including suspended sentences).
That is because this offending is considered to be so serious that it is likely to undermine our professional standards and public confidence in the professions we regulate.
In all other cases we will look closely at the underlying circumstances of offending to determine whether there is a risk to the public that we need to act on, or whether it is likely to undermine our professional standards or public confidence in the professions we regulate.
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Offending outside professional practice
Whilst it is less likely that we will need to take action when offending occurs outside professional practice or isn’t closely related to it, and it is neither a specified offence nor involves a custodial sentence, sometimes the underlying behaviour will be so serious as to:
- indicate deep-rooted attitudinal issues which could pose a risk to people in the professional’s care or to the professional’s colleagues, or
- be capable of undermining public trust and confidence in the profession or raise fundamental questions about the person’s ability to uphold the standards and values set out in the Code.
We will always consider each case on its facts.
For example, depending on the particular facts and context, we might take action against professionals who receive non-custodial sentences for
- coercive control;
- serious and/or repeated violence against others;
- stalking or harassment offences.
When considering risk to the public, we will need to assess how likely the nurse, midwife or nursing associate is to repeat similar conduct or failings in the future and, if they do, if it is likely that people in their care or colleagues would come to harm, and in what way.
Outside specified offences2, we are more likely to identify deep-rooted attitudinal issues which indicate a risk to the public, and/or consider that the conduct raises fundamental questions about the professional’s ability to uphold the values and standards in the Code, where there is serious and/or repeated mistreatment, and/or the behaviour targets children or vulnerable people.