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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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I am currently going to enrol on to my LPC next year, I

Customer Question

Hi I am currently going to enrol on to my LPC next year, I received a caution when I was 18 years of age for theft, basically 11 years ago. I believe that the caution is now protected, therefore do I have to declare this to the SRA?
Would this effect me becoming a solicitor as the caution is protected?
Submitted: 4 months ago.
Category: UK Law
Expert:  Thomas Judge replied 4 months ago.

Let me see if I can help and please rate positive.

Strictly speaking you should disclose this information to the SRA and it is set out in the SRA handbook. I attach herewith the link -

I would telephone them and explain the circumstances. I know of much worse cases than yours where they have been lenient and it has not prevented them from becoming solicitors. Happy to discuss. Please rate positive.

Expert:  Ben Jones replied 4 months ago.

Hi there, let me clarify your position in a bit more detail please. There are two separate issues here – one is that you will be subjected to a standard DBS check when you apply to join and the other I that you will be asked questions on the application form about your suitability. This is done when you complete form AD1:

The DBS check will show up cautions until they become filtered out, which happens 6 years after they were issued. So this is unlikely to show up on the DBS check.

However, you would still have a duty to declare it if asked to do so on the AD1 Form. Looking at the questions asked you have to answer if you have ever accepted a caution for an offence involving dishonesty. Theft is dishonesty so on the face of it you would have to answer yes to that question, which then means that the SRA is “more likely than not to refuse your application”.

However, you do not have to declare protected cautions, which are defined as cautions given other than for an offence listed in article 2A(5) of the Exceptions Order (simple theft is not listed there) and where the person was aged 18 or over at the time the caution was given and six years or more have passed since the caution was given.

In your case this is a protected caution so according to the rules you do NOT have to declare it on the application form and failing to include it will not be seen as an act of dishonesty on your part.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Expert:  Ben Jones replied 4 months ago.

My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

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