Caution: Caution ahead

Medicolegal Adviser Dr Chris Godeseth warns that, for doctors, a police caution can result in serious consequences with the GMC

The GMC takes an interest not just in how you behave when you are at work, but in your off-duty activities as well

The personal conduct of doctors is under more scrutiny than ever before. The GMC guidance Good Medical Practice, states that: “You must make sure that your conduct at all times justifies your patients’ trust in you and the public’s trust in the profession.” In other words, the GMC takes an interest not just in how you behave when you are at work, but in your off-duty activities as well. This particularly applies to any brush with the law. For minor offences, the police may offer an offender a “simple caution”.

According to the Home Office, this is used “to deal quickly and simply with those who commit less serious crimes. It aims to divert offenders away from court, and to reduce the likelihood of them offending again. If you are given a simple caution you will be officially warned about the unacceptability of your behaviour, and the likely consequences of committing further crimes will be explained to you.” An offender has to accept a caution – in other words, admit that they did it.

Duty solicitors who deal with petty offenders may recommend it as an easy option. However, for doctors, accepting a caution has serious implications. Good Medical Practice requires doctors to inform the GMC straight away, of any criminal convictions, charges or cautions. The GMC will almost certainly investigate, which could result in a warning being issued, or even more serious sanctions. It can be difficult to argue the merits of a case if guilt has already been accepted. Duty solicitors are not always aware that this can present particular problems.

Whilst accepting a caution may have serious implications, the alternative may be that you are charged with an offence. It is therefore important that expert advice is obtained at an early stage. Therefore, if you do find yourself in a situation like this, please call MPS for advice. The earlier we are involved, the better the chances of mitigating any damage to your career.