COMPULSORY CRIMINAL RECORD CHECKS FOR SOLICITORS

The Law Society has introduced criminal records checks for all who wish to become a solicitor in England and Wales

As part of a package of new measures to improve consumer protection,  the Law Society’s Regulation Board has approved criminal records checks for all who apply to be admitted as a solicitor in England and Wales.

Who is affected?

All persons, including those applying via the Qualified Lawyers Transfer Regulations or the European Establishment Directive, who apply for admission on or after 1 September 2006 will be required to obtain a certificate of standard disclosure from the Criminal Records Bureau.

Who will carry out the checks?

The Law Society is registered with the Criminal Records Bureau, an executive agency of the Home Office, for the purpose of obtaining checks of the police national computer. The checks carried out are based on information provided by the individual applying for admission using a detailed application form and following an identity check.

The type of check made is a standard disclosure and contains information about all spent and current convictions, police cautions, reprimands and final warnings. Use will also be made of the Criminal Records Bureau overseas information service where this is available and appropriate.

How will the process be administered?

The Law Society will contact individuals prior to their expected date of admission with an information pack containing the appropriate application form and instructions on how it should be completed.

The application form must be correctly completed and submitted to the named person at the Law Society as soon as possible after receipt. It is the responsibility of the individual to ensure that the application is submitted without delay and that all of the information required is provided according to the instructions given.  Failure to do so will result in admission being delayed or refused.

Individuals who wish to become solicitors are given opportunities to declare matters that may affect their suitability at various stages of the qualification process. It is important that all relevant matters are declared either at student enrolment or on application for a certificate of eligibility under the Qualified Lawyers Transfer Regulations. Students, trainees and lawyers coming through the Qualified Lawyers Transfer Regulations or as Registered Eurpoean Lawyers must notify the Law Society of convictions or other matters that may affect their suitability for admission that arise following the initial declaration must notify the Law Soceity of them as they occur and before admissions.   Non-disclosure of relevant matters will be viewed by the Law Society as a serious failure to comply with its pre-admission requirements.

How much will the check cost?

Individuals applying for the check must pay a fee of £47 which includes the Criminal Records Bureau charge and a contribution towards the Law Society’s administration costs.

What if someone does not apply or there are matters arising?

Refusal or failure to apply for the criminal records check will result in an application for admission being refused. 

If issues are identified as a result of the Law Society’s checks they will be investigated and dealt with before an application for admission as a solicitor can be progressed.

For more information, please see the Criminal Records Bureau Website.  This has FAQs which should helpanswer your questions and provides guidance concerning the form and the information whic is searched and checked.