Urgent Strategic Guidance: Your position is time-sensitive. Early intervention changes outcomes.
My professional regulator has been notified
Your professional regulator (GMC, SRA, FCA, ICAEW, NMC, or other) has been notified of a concern and may open an investigation.
What You Must Do Now
The following guidance reflects the most critical strategic decisions at this stage of an investigation.
Strategic Action 1
Do not self-report to your regulator without taking specialist advice first
Most regulated professionals have an obligation to report criminal investigations to their regulator. How, when, and what you report can make the difference between interim suspension and continued practice.
Take specialist legal advice before making any notification to your regulator. A solicitor with experience in both criminal defence and regulatory proceedings should advise on the content, timing, and approach to any notification.
Do not notify your regulator with an unadvised letter. Do not make admissions in regulatory correspondence that are inconsistent with your criminal defence. Do not assume that prompt self-reporting automatically results in leniency.
Why this matters
A self-report that provides a roadmap for adverse findings can accelerate interim suspension proceedings and damage your regulatory position. A well-managed notification that demonstrates professional insight can significantly mitigate the regulatory risk.
Regulatory obligations vary significantly by profession and regulator. This guidance is general. Always take specialist advice about your specific obligations.
The Most Common Mistakes At This Stage
The following mistakes are made repeatedly by people in your position, often with serious consequences.
- 01
Self-reporting without specialist advice on the content of the notification
- 02
Assuming the criminal and regulatory processes are unconnected
- 03
Using a criminal defence solicitor without regulatory experience
Read More About Your Situation
Detailed strategic guidance on the specific aspects of your situation.
How Craig MacKenzie Can Help
The following services are directly relevant to your situation.
Police Investigations
Strategic defence advice from the first moment of police contact.
Learn morePre-Charge Representation
Strategic intervention before the Crown Prosecution Service makes a charging decision.
Learn morePrivate Defence
Strategic private criminal defence for professionals and business owners facing high-stakes allegations.
Learn moreThe wider picture
What else could this affect?
An investigation rarely stays in one place. These are the areas that, depending on the facts, may also need to be considered.
Your professional registration
Where you hold a professional registration, an allegation can create a parallel issue that should be assessed alongside the criminal matter.
Your regulator or professional body
A regulator or governing body may take an interest in the same facts, and whether or when to engage should be considered with advice.
Your employer
An employer may become aware of, or need to consider, the allegation; the timing and approach can matter a great deal.
Your reputation
An allegation, even one that is never charged, can create reputational exposure that benefits from a considered, strategic approach.
Your career
An allegation can raise longer-term career questions; early advice can help identify how to protect your position.
Before you act
The decision you may be facing next
People in your position often face one of these decisions before anything else. Each one is best made with advice, not under pressure.
Should I tell my regulator or professional body?
Should I speak to my employer about this?
Should I seek pre-charge representation now?
A parallel process
If this affects your profession
For healthcare professionals, a criminal allegation can run alongside a regulator and an employer at the same time, and each should be assessed together.
Who may become involved
- GMC
- GDC
- NMC
- GPhC
- HCPC
- Your employing trust or practice
How it can unfold
- 01An allegation or complaint is made
- 02A police investigation begins
- 03Your employer or trust may start its own process
- 04Your regulator may be notified of the same facts
- 05Interim conditions or suspension may be considered
- 06A fitness-to-practise assessment may follow
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Direct Partner Access
Your case is led personally by Craig MacKenzie. You have direct access to your solicitor, with all key decisions, strategy and advice provided at partner level. Behind the scenes, Craig is supported by an experienced legal team to ensure your case is progressed efficiently without compromising on the quality of advice.
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Professional Confidentiality
Enquiries and instructions are handled with the professional confidentiality obligations that apply to solicitors. Client matters are not discussed with third parties.
Do You Require Advice About Your Circumstances?
This material provides general information and is not a substitute for advice about a specific investigation or case.
Craig provides legal services exclusively through Forbes Solicitors. To make an initial enquiry, contact Craig at:
craig.mackenzie@forbessolicitors.co.uk
An enquiry does not constitute an instruction. Forbes Solicitors must confirm in writing that it has accepted the matter before any solicitor–client relationship arises.