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Serious offending and specified offences
We’ll usually refer the most serious cases of criminal offending straight to the Fitness to Practise Committee. These cases include those where the courts gave the nurse, midwife or nursing associate a sentence of immediate imprisonment, or if the nature of their offending was particularly grave.
We call convictions of that level of seriousness ‘specified offences’. We will always take into account how long ago the offending happened when we decide whether to send it directly to the Committee.
What are specified offences?
For us, specified offences include:
- hate crimes
- sexual offences
- offending previously known as ‘serious arrestable offences’
Hate crimes
We consider that a hate crime includes any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person's race or perceived race; religion or perceived religion; sexual orientation or perceived sexual orientation; disability or perceived disability and any crime motivated by hostility or prejudice against a person who is transgender or perceived to be transgender.1
Sexual offences
Sexual offences include any offences which involve sexual activity or sexual motivation. They also include any involvement with child pornography.
Former serious arrestable offences
Certain offences were previously defined in section 116 of the Police and Criminal Evidence Act 1984 as ‘serious arrestable offences’. The full list includes, in addition to various forms of sexual offending, various extremely serious crimes2.
The definition also includes less serious offences (arrestable offences), if they led to, were intended or threatened to lead to, or were likely to lead to any of the following consequences:
- serious harm to the security of the State or to public order,
- serious interference with the administration of justice or with the investigation of offences,
- the death or serious injury of any person, or a substantial financial gain or serious financial loss to any person.
1 This definition was used by the CPS and the former Association of Chief Police Officers.
2 The list included treason, murder, manslaughter, kidnapping, causing an explosion likely to endanger life or property, certain offences under the Firearms Act 1968, causing death by dangerous driving, hostage taking, torture and many drug-related offences, and a variety of hijacking offences.
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- Last Updated: 05/09/2018
The guidance in our library, needs to be read alongside our NMC Guidance during the Covid-19 emergency period. We have new rules that are in force during the period of the coronavirus emergency that are relevant to how it applies.
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Related guides
FtP library
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Understanding Fitness to Practise
- Aims and principles for fitness to practise
- Allegations we consider
- How we determine seriousness
- Why we screen cases
- When we use interim orders
- Investigations
- Examining cases
- How we manage cases
- Meetings and hearings
- Resolving cases by agreement
- What sanctions are and when we might use them
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Taking account of context
- Taking account of context - overview
- 1: We’ll approach cases on the basis that most people referred to us are normally safe
- 2: We’ll seek to build an accurate picture about the nurse, midwife or nursing associate’s practising history
- 3: We’ll always carefully consider evidence of discrimination, victimisation, bullying or harassment
- 4: Where risks are caused by system and process failures, we’ll concentrate on the action we can take to help resolve the underlying issues
- 5: In cases where a nurse, midwife or nursing associate was required to use their professional judgement we’ll respond proportionately
- 6: We’ll look for evidence of remediation where a serious concern was caused by a gap in knowledge or training or personal context factors
- 7: We’ll always look into whether group norms or culture influenced an individual’s behaviour before taking action
- 8: Where an incident has occurred because of cultural problems, we’ll concentrate on taking action to minimise the risk of the same thing happening again
- What context factors we think are important to know about when considering a case
- Remediation and insight
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Screening
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Our overall approach
- Our overall approach - overview
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The Three Stages of our Screening Decision
- The Three Stages of our Screening Decision - overview
- Stage One: Do we have a written concern about a nurse, midwife or nursing associate on our register?
- Stage Two: Is there evidence of a serious concern that could require us to take regulatory action to protect the public
- Stage Three: Is there clear evidence to show that the nurse, midwife or nursing associate is currently fit to practise?
- Clinical advice
- Referrals to other regulators
- Referrers that wish to remain anonymous
- Whistleblowing
- If we don't refer a case
- Determining the regulatory concern
- Screening incorrect or fraudulent entry cases
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Our overall approach
- Interim Orders
- Investigations
- Case Examiners
- Preparing for the FtP Committee
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Case management
- Hearing fitness to practise allegations together
- Telephone conferences
- Preliminary meetings
- Dealing with cases at hearings or meetings
- Voluntary removal
- Cancelling hearings
- Constitution of panels
- Proceeding with hearings when the nurse, midwife or nursing associate is absent
- Case management during hearings
- Hearings in private and in public
- When we postpone or adjourn hearings
- FtP Committee decision making
- Sanctions
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Reviews
- Reviewing case examiner decisions
- Interim order reviews
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Substantive order reviews
- Substantive order reviews - overview
- Standard reviews before expiry
- Early review
- Exceptional cases: changing orders with immediate effect at a standard review
- Review of striking-off orders
- New allegations
- Reviewing orders when there may have been a breach
- Reviews where an interim order is in place
- Allowing orders to expire when a nurse or midwife’s registration will lapse
- Appeals and restoration