SRA Handbook

Character and suitability of prospective solicitors

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Version 8 of the Handbook was published on 01/10/2013. For more information, please click 'History' Above

Part 8: Character and suitability of prospective solicitors

Regulation 33: Misbehaviour of a prospective solicitor

33.1

If you are an unadmitted person, and at any time we are not satisfied as to your character and suitability to become a solicitor we may on such terms as we may determine:

(a)

cancel student enrolment;

(b)

prohibit entry into a training contract;

(c)

refuse to register a training contract;

(d)

terminate a training contract;

(e)

prohibit attendance at an LPC or an Integrated Course/Exempting Law Degree;

(f)

prohibit attendance at a PSC.

33.2

If we impose a prohibition or other sanction under regulation 33.1 you may, within one month of receiving notification of our decision, ask for the matter to be reviewed.

33.3

You have the right under regulation 3 of the SRA Admission Regulations to appeal to the High Court within three months of receiving notification of our decision on a review under regulation 33.2.

33.4

You may make up to three applications to us to remove the prohibition or other sanction after intervals of not less than 12 months from the final determination as to the imposition of the prohibition or sanction, or from the final determination of your previous application for review, as the case may be.

33.5

You have the right under regulation 3 of the SRA Admission Regulations to appeal to the High Court within three months of receiving notification of our decision on an application under regulation 33.4 for the removal of a prohibition or sanction.

Regulation 34: Disclosure of character and suitability issues

34.1

To be enrolled as a student, you must report to us any matters that may affect your suitability to be admitted as a solicitor.

34.2

You must also report to us any matters that may affect your suitability to be admitted during the period of your student enrolment and training contract.

34.3

At the end of your training contract, you must also certify that there are no circumstances that may affect your character and suitability to become a solicitor, such as criminal convictions.

34.4

Failure to report character and suitability issues at the stages described in regulations 34.1, 34.2, and 34.3 will be regarded as a serious breach of our admission requirements and may result in your application for admission being refused.

Guidance note:

(i)

Matters that may affect your suitability to be admitted as a solicitor will include (but are not limited to) criminal convictions, police cautions, reprimands and final warnings together with financial problems such as bankruptcy or entering into voluntary arrangements, and academic offences including plagiarism. You should read the SRA Suitability Test for our requirements on character and suitability.

Regulation 35: Disclosure and Barring Service disclosures

35.1

You must apply for a standard disclosure from the Disclosure and Barring Service (DBS) before admission. You must complete the application form strictly according to the guidance given.

Guidance note:

(i)

We will send you an application form and detailed guidance to apply for a DBS disclosure approximately 12 weeks before you are expected to complete your training contract. Incomplete or incorrectly completed forms will be returned and delays to admission will result.