What are the SRA rules on character and suitability assessments?

Feb 06, 2024

Written By Helena Kudiabor

To ensure that you are suitable for a career as a lawyer, you’ll need to complete a screening process before you can qualify. In this article, you’ll learn about what the screening process involves and whether your background may bar you from becoming a solicitor.

What is a character and suitability assessment?

Character and suitability is one of the core principles set out by the SRA, when thinking about who should be admitted as a solicitor. If you have good character and suitability, this means the SRA are confident you will ‘maintain public trust and confidence in the solicitors’ profession,’ and ‘protect the public and the public interest.’

Thus, having a solicitor with an extensive criminal record may lead to questions about their integrity.

When do I need to complete the assessment?

The SRA recommends that you apply for screening when you are ready to apply for admission to the roll of solicitors. This means that you know whether you’ve passed or failed both of your SQE exams and have completed all of your qualifying work experience.

Luckily, you won’t need to think about the assessment during your studying, training or qualifying work experience. However, if you have previous convictions and are worried you might not pass the screening process, you can complete an early assessment.

Even though the SRA will provide you with a decision, you’ll still need to complete an assessment later down the line, and the SRA are not bound by any decisions they made previously.

What does the screening process involve?

The first step is to complete a form, which asks you for some personal information. You’ll also be asked whether you have any criminal convictions. Although the SRA organises the assessment, it will be carried out by an external company, Atlantic Data.

It includes the following checks: identity; financial, covering bankruptcy, insolvency and county court judgements; and standard criminal records check issued by the Disclosure and Barring Service (DBS).

If you’ve lived outside the UK for more than a year within the last five years, you’ll also need to provide an official criminal record check from that country. This will need to be in English.

When will I receive a response?

If you didn’t disclose any criminal convictions, it will take around six weeks for your application to be processed. Your application will be shown as automatically approved.

However, if the screening process picks up something, the application may take up to six months to process. You’ll receive a certificate from Atlantic Data confirming your approval, and will need to upload this onto your SQE account.

I have a criminal record, will my application be rejected?

It depends on the type of crime. The most serious crime (terrorism related, discriminatory or particularly violent crimes) are the most likely to result in the refusal.

However, if you are upfront and disclose your conviction, provide credible supporting references and evidence of successful rehabilitation, your application is more likely to be approved.

SQE