CRB check, Admission to the Roll and Practicing Certificate

Ques: What is the Criminal Record Bureau check?
 

Ans:   The Solicitors Regulation Authority (SRA) requires that the
         applicants for admission as a solicitor in England and Wales be of
         good character.

        When you apply for a Certificate of Eligibility to transfer to the roll of
        solicitors of England and Wales under the Qualified Lawyers Transfer
        Regulations, you must declare all the matters that could affect your
        suitability for admission including criminal convictions from England
        and Wales or elsewhere, and financial matters such as insolvency or
        entering into voluntary arrangements. Failure to declare at this stage
        of the process is a serious breach of the admission requirements
        and may result in refusal of admission
       
        When you successfully complete the Qualified Lawyers Transfer
        Test and have complied with any experience requirements, you must
        apply through the Solicitors Regulation Authority (SRA) for a
        standard disclosure from the Criminal Records Bureau
        (www.crb.gov.uk). As part of its quality programme to aid consumer
        protection, the Law Society’s Regulation Board has introduced a
        compulsory requirement for all individuals to obtain a satisfactory
        Criminal Records Bureau (CRB) check prior to admission to the roll.
 

 
Ques: Is an Indian advocate required completing this Criminal
          Record Bureau check?
 

Ans:   We would like to inform you that if you are living in India for more
          than 5 years, you are not required to do a CRB disclosure.
          However, if you have lived anywhere else other than India in the last
          5 years and that country appears on the CRB website, then you
          would be required to do a disclosure for that country.

         The checklist of the countries offering CRB check is available on:
         http://www.crb.gov.uk/default.aspx?page=2243

         If you required doing a CRB disclosure, please request Solicitors
         Regulation Authority (SRA) to forward CRB standard disclosure
         application form to you. If you fail to obtain a satisfactory standard
         disclosure, your application for admission will be refused. The fee
         for a criminal records check is £ 47.


         If you have any further queries regarding the CRB check, kindly
         contact the SRA directly at their postal address: Information
         Services Section, Solicitors Regulation Authority (SRA), Ipsley
         Court, Berrington Close, Redditch, Worcestershire, B98 0TD, UK or
         +44 (0) 1527 504450 Or Via e-mail at contactcentre@sra.org.uk

 
Ques: What is the procedure to enrol as a solicitor?
  
Ans:   Once an Indian lawyer has successfully completed the QLTT,
          he/she will be able to apply for admission to the Roll of Solicitors
          of the Supreme Court of England & Wales. Fee for enrollment as
          solicitor with the SRA is £100.00.This entitles an Indian
          lawyer to practice as an English solicitor (subject to the SRA
          requirements). For further information please contact the
          SRA on the following address.

Contact Centre,
The Solicitors Regulation Authority (SRA), 
Ipsley Court, Berrington Close, Redditch, 
Worcestershire, B98 0TD, UK
T: +44 (0) 1527 504450
E:contactcentre@sra.org.uk
W: www.sra.org.uk

 

Ques: What kind of support will be given by FLE or CLT to enrol
          the candidate with the SRA as a solicitor?

 

Ans:   Neither FLE nor CLT can assist in this process, as it is controlled
          by the SRA.

 
Ques: Is the Practicing Certificate compulsory for all who pass
          QLTT?

Ans:   Whether or not you need a practicing certificate is a complicated
          issue. You should seek guidance from the Professional Ethics
          Division (professional.ethics@sra.org.uk) of the Solicitors
          Regulation Authority (SRA).There is a booklet on the SRA
          website that deals with this issue and the link is:

http://www.sra.org.uk/documents/downloads
/Profethics_PractisingCerts.pdf

Ques: What is the Annual Fee to obtain a Practicing Certificate?
 
Ans:   This changes every year, however the current fee for 2007/2008 is
          £1,020
 
Ques: Is there any concession to obtain a Practicing Certificate?
 
Ans:   A reduced practicing certificate fee is available if the money you
          earn from the provision of legal services is less than £20,000. You
          should seek advice from the SRA Information Services
          section on this matter.
Ques: Is it compulsory to renew the Practicing Certificate
          annually?

Ans:   This depends on where you are based geographically, the type of
          work you are doing and if you are holding yourself out as an
          English solicitor. You should seek advice from the
          Professional Ethics Division of the SRA or read the
          guidance booklet -see above
          for the link and contact details
 
Ques: What are the mandatory requirements before opening own
          solicitor practice?
 

Ans:   Open your own solicitors’ practice, the practice rules state that
          you must have:

1. a practicing certificate
2. qualifying insurance with a qualifying insurer
3. a principal (or, if a company, a director; or, if an LLP, a
    member) who is "qualified to supervise";
4. to be "qualified to supervise", a solicitor must have:

a. held a practicing certificate for 36 months in
    the last 10 years; and
b. undertaken 12 hours management skills
    training.

If you feel that you have justification to apply for a waiver in relation to the length of time of holding a practicing certificate and to take the management skills training, you can do so by providing the details. Waivers can be granted in individual cases; however, the applicant would need to demonstrate that their circumstances are exceptional to justify a departure from the normal requirements of rule 5.02.

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