The SRA Handbook is no longer in effect. It was replaced by the SRA Standards and Regulations on 25 November 2019.
SRA Handbook
Criminal offences
Back to version 21Version 1 of the Handbook was published on 16/09/2011. For more information, please click 'History' Above
1: Criminal offences
- 1.1
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Unless there are exceptional circumstances, we will refuse your application if you have been convicted by a court of a criminal offence:
- (a)
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for which you received a custodial or suspended sentence;
- (b)
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involving dishonesty, fraud, perjury and/or bribery;
- (c)
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specifically in relation to which you have been included on the Violent and Sex Offender Register;
- (d)
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associated with obstructing the course of justice;
- (e)
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which demonstrated behaviour showing signs of discrimination towards others;
- (f)
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associated with terrorism;
- (g)
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which was racially aggravated;
- (h)
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which was motivated by any of the 'protected' characteristics defined within the Equality Act 2010;
- (i)
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which in our judgement is so serious as to prevent your student enrolment, admission as a solicitor, or approval as an authorised role holder; and/or
- (j)
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you have been convicted by a court of more than one criminal offence.
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Guidance note
- (i)
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The provisions in 1.1(a) will not be relevant to entities because bodies corporate, and other unincorporated bodies and bodies of persons, cannot themselves receive custodial sentences.
- 1.2
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We are more likely than not to refuse your application if you have:
- (a)
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been convicted by a court of a criminal offence not falling within 1.1 above but which has an impact on your character and suitability;
- (b)
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been included on the Violent and Sex Offender Register but in relation to your inclusion on the Register, you have not been convicted by a court of a criminal offence; and/or
- (c)
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accepted a caution for an offence involving dishonesty.
- 1.3
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We may refuse your application if you have:
- (a)
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received a local warning from the police;
- (b)
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accepted a caution from the police for an offence not involving dishonesty;
- (c)
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received a Penalty Notice for Disorder (PND) from the police;
- (d)
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received a final warning or reprimand from the police (youths only); and/or
- (e)
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received a referral order from the courts (youths only).
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Guidance note
- (i)
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Where a criminal conviction, warning, simple caution, PND and/or inclusion on the Violent and Sex Offender Register has been disclosed, we will not look behind the decision made by the police or the finding made by a court. However, we will take into account material such as sentencing remarks and any other independent information. See also Section 7 Evidence.
- (ii)
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You should disclose details of any criminal charge(s) you may be facing. We will not determine your application until you can confirm that the charge(s) has/have either been dropped or the outcome of your case is known.
- (iii)
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Cautions and local warnings issued by the police may be subsequently recorded on the Police National Computer (PNC) and these would be discoverable when we carry out a PNC check.
- (iv)
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Police can only issue a caution if there is evidence that you are guilty of an offence and if you admit that you committed the offence. Therefore, by accepting a caution, please bear in mind that you are making an admission of guilt.
- (v)
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On Penalty Notices for Disorder no admission of guilt is required, and by paying the penalty, a recipient discharges liability for conviction for the offence - however, you should still disclose such matters as we will need to consider them.
- (vi)
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Serious motoring offences that result in a criminal conviction must be disclosed. Motoring offences that do not result in a criminal conviction do not need to be disclosed.