What is character and suitability?

You must tell us about any criminal convictions or cautions, including spent convictions or cautions unless they are protected (as defined in the Rehabilitation of Offenders Act 1975 (Exceptions) Order 1975 (as amended in 2013). You must also tell us if you are currently facing any criminal charges.

The most serious criminal conduct includes any convictions or cautions (which are not protected) where the offence:

• meant you were given a custodial or suspended sentence
• involved dishonesty, fraud, perjury and/or bribery
• was of a violent or sexual nature
• meant that you have been included on the Violent and Sex Offenders Register
• was associated with obstructing the course of justice
• which demonstrated behaviour showing signs of discrimination towards others
• was associated with terrorism
• meant that you have been convicted by a court of more than one criminal offence.

Serious criminal conduct includes any criminal convictions or cautions (which are not protected) for any other offences, and if you are currently subject to a conditional discharge or bind over by a court.

An offence in the 'most serious' and 'serious' categories may result in refusal.

You can find out more about protected offences in our FAQs.

You must tell us if you have:

• been responsible for dishonest, violent, threatening or harassing behaviour
• behaved in a way where there is evidence of discrimination towards others.
• misused your position for (your or anyone else’s) financial gain
• misused your position of trust in relation to vulnerable people.

You must tell us if you have ever committed (or been adjudged by an education establishment to have committed) a deliberate assessment offence that amounts to plagiarism or cheating to gain advantage for yourself or others.

You do not need to disclose where the finding does not amount to cheating or dishonesty, eg incorrect referencing, or failure to attribute correctly, in an essay or paper.

You must tell us if you have been:

• subject to a form of personal or company insolvency
• found to have deliberately sought to avoid responsibility for your debts
• found to have been dishonest in relation to the management of your finances
• made subject to a debt relief order
• behind with six or more consecutive payments
• subject to possession proceedings
• subject to a liability order

Personal insolvency examples include, but are not limited to, the following:

• You have not kept up with contractual repayments to your creditors.
• You have entered into a debt management plan with your creditors.
• A County Court Judgment has been issued against you.
• You have been ordered by a court to pay a sum of money (for example, a Liability Order, Possession Order (suspended), a Consent or Tomlin Order.
• You have entered into an Individual Voluntary Arrangement.
• You have been declared bankrupt.

Company insolvency examples include, but are not limited to, the following where you were the manager or owner:

• The company has not kept up with contractual repayments to its creditors.
• The company has been liquidated because it is/was insolvent.
• The company has gone into receivership because it is/was insolvent.
• A County Court Judgment has been made against the company.
• The company has been ordered by a court to pay a sum of money.
• The company has entered into or is currently subject to a formal voluntary arrangement to repay its creditors (for example, a Company/Partnership Voluntary Arrangement, Time to Pay Agreement).
• You have been fined, prosecuted or disqualified as a director.

You must tell us if you have ever:

• had any disciplinary or regulatory findings, sanctions or actions brought against you by a regulatory body (or any court or body hearing appeals in relation to disciplinary or regulatory findings)
• failed to give information to a regulatory body when asked
• given false or misleading information to a regulatory body
• breached a regulatory body’s requirements
• failed to comply with a request from a regulatory body resulting in a finding against you
• been disqualified from being a charity trustee for a charity under section 178(1) of the Charities Act 2011
• been removed and/or disqualified as a company director
• committed an offence under the Companies Acts.

You must also tell us is you are currently facing any regulatory disciplinary proceedings or investigations. A regulatory body includes us.

If you have a health condition and you are not sure whether you need to report it to us, you will find our approach to health issues and medical evidence helpful. It explains when health issues can be a regulatory concern and should be reported to us, and how we deal with those that arise during investigations.

You do not need to tell us about a health condition if you are satisfied that you, and where relevant, your employer are taking appropriate steps to address the condition. And any risks it may pose to your practice as a solicitor or your ability to meet your regulatory obligations. This includes taking part in an investigation or disciplinary process.

If you are not certain that you can safely manage any risk that a health condition may pose, you should let us know by emailing us.

Read our FAQs for helpful answers to common questions about character and suitability issues, background checks and our assessment process.