Under the Representation of the People Act 1981, you are disqualified from becoming a member of the House of Commons if you have been found guilty of an offence and sentenced to more than one year in prison, and are currently detained as a result of that offence.
Once you are released from prison, you are not prevented from standing for election as an MP.
Technically, you are also able to stand for election while you are in prison, so long as the sentence is one year or less.
Other relevant pages on this site
If you’re looking to stand for election as a local councillor, different rules apply.
There are approximately 40,000 driving instructors in the UK and every year there are around 1.5 million attempts at the driving test. At any one time there can be more pupils looking for lessons than there are instructors who can take them on, making this a popular career choice.
The aim of this page is to set out how a criminal record may affect your chances of becoming a driving instructor.
Why is this important?
To legally charge somebody for driving instruction in a car you must either:-
Be on the Approved Driving Instructor (ADI) Register
Have a trainee’s licence to give instruction by the ADI Registrar
You’ll need to meet the ‘fit and proper’ person criteria to become approved or get a trainee’s licence and it’s important therefore to understand how your criminal record may affect your chances of successfully getting onto the ADI Register.
ADI Registrar: Its role and powers
The ADI Registrar is responsible for the Driving and Vehicle Standards Agency’s ADI Register and can:-
Refuse to let you join or stay on the register if you don’t meet the registration rules
Remove you from the register in certain circumstances
Refuse readmission to you if you were previously removed for any of the above reasons
Responsibilities of an Approved Driving Instructor (ADI)
As an ADI, you will be responsible for your own safety, that of your pupil and other road users.
You will be expected to show:-
A high regard for all aspects of road safety
A high standard of driving and instructional ability
A professional approach to your customers
A responsible attitude to your pupils and profession
That you’re a ‘fit and proper’ person
The ‘fit and proper’ criteria
When deciding if you’re a ‘fit and proper’ person, the Driver and Vehicle Standards Agency (DVSA) will check to see if you have:-
Had any motoring or non-motoring cautions or convictions
Any penalty points on your licence
Been disqualified from driving
Been banned or barred from working with children under 18 years of age
They will carry out an initial risk assessment and may seek further representations from you. These will be assessed and a recommendation made to the Registrar.
Factors taken into account by the DVSA
Before reaching a decision as to whether you are a ‘fit and proper’ person, the DVSA will assess the risk that you may pose to your pupils by considering:
Whether your caution, conviction or other information revealed is relevant
The seriousness and circumstances surrounding your offence
Whether your conviction was part of a pattern of offending
What you have done to change your situation since you were convicted, i.e. any courses you’ve taken or treatment programmes attended etc.
What are the chances of your application being successful?
There are some situation where it’s very unlikely that your application would be accepted. These include:
Motoring offences
Where:
You have been disqualified from driving within the last 4 years
Where you have been found guilty of driving whilst under the influence of drink or drugs within the last 4 years
Your DVLA record shows you’ve been issued with a single fixed penalty notice, where 5 or more penalty points have been sustained
Your licence has 6 or more penalty points within the last 3 years under the totting up rules.
Non-motoring offences
This includes where:
You have been convicted of a sexual offence
You are on the sex offenders register
You have been convicted (or in some cases cautioned) for offences involving assault, drugs, fraud or theft and in particular, offences involving theft of tuition fees
You have been convicted or cautioned for providing illegal instruction, for example providing instruction for money or monies worth, while not registered or granted a trainee licence
You have been banned or barred from working with children under 18 years of age.
Appealing a driving instructor registration decision
You can appeal to an independent tribunal (the General Regulatory Chamber) if you disagree with a decision about your registration as an Approved Driving Instructor (ADI). The tribunal is independent of the government. You have 28 days in which to appeal a registration decision.
Read and share your experiences on our online forum.
Useful links
Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.
Discuss your views and experiences with others on our online forum
This page was last fully reviewed and updated in October 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to feedback@unlock.org.uk.
Accountant
General
There are no licence requirements to allow you to describe yourself as an accountant. However, to use the description “Chartered Accountant”, in England and Wales you must be a member of the Institute of Chartered Accountants. There are equivalents available in Scotland and Ireland. There are also various trade bodies within the Accountancy profession.
Registering
The Institute of Chartered Accountants England and Wales (ICAEW) is regarded as ‘entry into the profession’ as a Chartered Accountant. This means that a standard check could be done, and therefore you will need to disclose everything that would be disclosed on this type of check. Although there process appears to have changed since, previously you had to complete a manual application form which could be downloaded from their website. You would then make a declaration of your criminal record on this form and return it back to student services with your registration fee. Once this was received the assessment team will look at the application and would contact you to discuss it. If they then make the decision that you are not suitable to become a student they would return the registration fee in full within 3-5 working days. You should speak to the ICAEW directly for details on their latest below.
To register with the Association of Certified Chartered Accountants (ACCA), you have to apply via an online application form. On this application form there is a section marked ‘legal matters’ and this is the section where you are asked about your criminal record. Once you have submitted the form it will be looked at by the Professional Conduct Department who will be in contact with you. They assess each case on its own merit and will give you an answer as to whether they will allow you to become a student member after you have disclosed to them what your conviction was for. If they decline you, then they will refund you the payment you submitted in full.
With the Association of Accounting Technicians (AAT), on the application form they ask for a declaration about any convictions which are not yet spent. If you have unspent convictions, you will be asked for details of:
What your conviction was for
The circumstances leading up to your conviction (ie a full step by step account of what led to your conviction)
When you were convicted and the court which convicted you.
What sentence you received
A copy of your Certificate of Conviction (this is the official document from the court which convicted you, confirming what your conviction was for and the sentence you received)
Any other information you consider would be helpful to them in assessing your suitability.
Chartered Institute of Management Accountants (CIMA) will assess each application on a case by case basis. You will need to complete an online application form and make payment for registration. You will then need to email your details of your unspent convictions and they will then look at your application and make a decision whether to accept your application or not. If you are rejected as a student then your application fee will be refunded to you in full within 10 working days.
Aviation sector (e.g. Airports)
The Civil Aviation Authority are responsible for regulating the aviation sector.
The National Aviation Security Program (NASP) requires a basic criminal record disclosure for certain roles. This shows unspent convictions only.
There is a detailed section outlining their approach towards people with convictions.
The focus of this information is in registering to become a childminder with a criminal record.
Why is this important?
For anybody thinking about becoming a childminder, you will need an enhanced Disclosure and Barring Service check in order to register with Ofsted. This will be used to assist Ofsted in making a decision as to whether you should be allowed to practice as a childminder.
Although Ofsted give little guidance on how they deal with criminal records, in general they will treat each case on its own merits. It’s important however to know what may disqualify you from becoming a childminder. On the Ofsted website, there is guidance on registration to the Childcare register.
Do you need to register to be a childminder?
You’ll need to register with Ofsted if you’re a childminder and paid to look after children under the age of 8 for more than 2 days in your home.
You don’t need to register if you:
Look after children aged 8 or over
Look after children of any age for under 2 hours a day
Are the child’s parent or relative
Are babysitting children between 6pm and 2am
Look after children in their own home (this means you are a nanny).
Further information about registration exemptions can be found here.
Why you might want to register even if you don’t need to
Even if there’s no legal requirement for you to do so, there may be some advantage to registering.
You may be able to get a childcare business grant to help you set up your business if you apply within 3 months of registering.
Registration means that parents can apply for help with childcare costs. This can make it easier for you to find work.
Registration
Prior to applying for registration you will need to:
Apply for your enhanced DBS check. Anyone over 16 who lives with you will also need a check.
Complete a health declaration form and get it signed by your GP. Your GP may charge you for this.
Complete a first aid qualification.
Find out if you need any further training.
Are you disqualified from registering as a childminder?
Some people are disqualified from registering as a childminder with Ofsted. This is either because they, or somebody they live with has been:
Convicted of a relevant offence against a child
Convicted of certain offences against an adult; for example murder, kidnapping, rape, indecent assault or assault causing actual bodily harm
Included on the list of those who are barred from working with children.
If you are disqualified as a result of your own criminal record or the criminal record of somebody that lives or works in your household (referred to as ‘disqualification by association’) you will need to apply for a waiver from Ofsted before you can work as a childminder.
Will you be able to register if you have a criminal record?
When coming to a decision about your suitability, Ofsted will consider some of the following:
The seriousness of the offence
The accuracy of your self-disclosure on the application form compared with the information provided on your enhanced DBS check – if you’re unsure of the details of your conviction, make sure you apply for a copy of your police records (referred to as a subject access request) prior to completing the application form
The age you were at the time of the offence
The amount of time that has elapsed since the offence
The relevance of the offence.
If, after reviewing your application and carrying out an interview and inspection of your home, your application is successful, Ofsted will issue you with a registration certificate.
Should Ofsted decide to refuse your registration, a ‘notice of intention to refuse’ will be sent to you. If no response or objection is received within 14 days of the notice, a ‘notice of decision to refuse registration’ will be sent, together with information on how to appeal.
Discuss this with other
Read and share your experiences on our online forum.
Useful links
Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.
Ofsted – The Office for Standards in Education, Children’s Services and Skills inspect and regulate services that care for children and young people
Childminding UK – A registered charity offering professional support to all Ofsted registered childminders.
More information
To discuss this issue with others – Read and share your experiences on our online forum
Discuss your views and experiences with others on our online forum
Local councillor
This is a short information page about becoming a local councillor. The aim of this page is to provide further clarification around eligibility, especially if you have been sentenced to a custodial sentence.
Registered to vote in the area or have lived, worked or owned property there for at least 12 months before an election.
You can’t be a councillor if you:
Have been sentenced to prison for 3 months or more (including suspended sentences) during the last five years
Have been convicted of a corrupt or illegal practice by an election court.
If you are already a local councillor and receive a three month custodial sentence or more (including suspended sentences) you will automatically lose your seat.
If you’re looking to stand in an election to become a local councillor, the Local Government Act 1972 (section 80) states that if you have been convicted and received a prison sentence (or suspended sentence) of three months or more in the five years before the election, you are unable to stand in the election.
For example, in May 2015, you wish to stand for election as a local councillor. In January 2012, you were sentenced as an adult to a prison sentence of 4 months. Under the Rehabilitation of Offenders Act 1974, this conviction becomes spent 2 years after the end of the sentence, so May 2014. However, because you have been given a sentence of more than 3 months within the previous 5 years to the election, you are disqualified for that election.
However, the disqualification criteria doesn’t apply to non-prison criminal convictions, nor does it apply after 5 years has passed since the conviction, even if the conviction remains unspent.
It’s important to understand whether a role you are applying for is regarded as a ‘controlled function’ and therefore eligible for a standard DBS check. If it is eligible then being clear about what you need to disclose and how it is likely to be dealt with will hopefully improve your chances of success.
Does a role require a standard check?
We worked in the FCA in 2014 to update their website with information on the types of roles are regarded as ‘controlled functions‘. The website now has some additional explanation, explaining some general rules of thumb about what constitutes a controlled function (in addition to the descriptive list of titles).
It’s not possible to state which roles do not require FCA approval, but the FCA has offered that anyone with spent convictions who is unclear about whether a role requires approval, and therefore a standard check, can ring the FCA for guidance on their particular case.
Contact details for the FCA are:
UK: 0845 606 9966 (call rates may vary), 0300 500 0597
From abroad: +44 20 7066 1000
Email: firm.queries@fca.org.uk
How do I know which controlled functions I need to be approved for?
Not all controlled functions apply to all companies, and it may not be necessary for organisations to have all employees approved by the FCA.
A company that only deals with mortgages and/or general insurance business, does not need to apply for every individual in the company to be approved to advise on mortgages and general insurance products. It would be enough for one individual (for example a director) in the company to be approved.
A retailer whose main business is not financial services but who sells insurance policies will only need approval for the person who holds a senior management role and overseas systems and controls.
What information will I need to disclose?
Details on what will be disclosed on a standard DBS check can be found here. Further FCA guidance around disclosure can be found on the FCA site under disclosing criminal convictions.
What happens if I don’t disclose?
It’s important that you disclose everything that you need to disclose when you apply. Find out whether your cautions or convictions are eligible for filtering before you complete your application. Being open and honest will count in your favour and the success of your application could be affected if the FCA find that you have withheld information or provided false or incomplete facts. If you are in any doubt about what’s on your criminal record then apply for a Subject Access Request so that you’ll be clear about what’s going to be disclosed.
Will the FCA approve me?
The FCA took over from the FSA in 2013. The FCA doesn’t have any specific documentation available publicly about who they will grant approval to, but details of the FSA’s approach to people with criminal convictions is detailed in Applications for approval – our approach to adverse disclosures.
Every applicant will be considered on their fitness and propriety. The most important considerations will be:
honesty, integrity and reputation
competence and capability, and
financial soundness
The FCA will review each application on a case-by-case basis and will consider:
The nature of the offence and the relevance to the controlled function that the individual is to be approved to perform
Whether the nature of the offence raises questions about honesty, integrity and/or competence
The amount of time that has passed since the offence occurred
Whether the offence relates to an isolated incident or forms part of a pattern or behaviour.
Frequently asked questions
Yes. Anybody performing a governing function for an appointed representative must be an approved person.
However, for appointed representatives that carry out general insurance business, incidental to their main business (for example, a vet recommending specific pet insurance), only one person in the company needs to be an approved person. That person should be a director (or equivalent).
Personal experiences
The personal stories below have been posted on theRecord, our online magazine.
Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.
This is a short information page about applying for a shotgun or firearms licence.
It forms part of our information section on other areas of life affected by a criminal record.
Who do I apply to?
To apply for a shotgun or firearms licence, you must apply to your local Police force. For an example of this, see the Sussex Police Firearms Licensing page.
For further information about the application process, have a look at the GOV.UK website here.
Can I apply for a licence if I have a criminal record?
Section 21 of the Firearms Act 1968 prohibits a person from possession of any type of firearm if you have been given a custodial sentence when convicted of a criminal offence.
If you have received a custodial sentence (including a suspended sentence) of between 3 months and 3 years then you are prohibited for a period of 5 years from the date you are released.
If you have received a custodial sentence of 3 years or more then you are prohibited for life, from the date of release.
The prohibition may be lifted on application to the Crown Court. For further advice you should consult a solicitor.
What do I need to disclose to the police?
All previous convictions must be declared on the application form. It is an offence under Section 28A(7) of the Firearms Acts 1968-1997 to make a false declaration when answering this question. You are not permitted to withhold previous convictions by virtue of the Rehabilitation of Offenders Act 1975 (Exceptions) Order 1975 (see notes in Part A on the application form).
Not all convictions are relevant but your age when they were committed and the length of time without re-offending are factors which are considered in addition to the seriousness of the offence.
The police will also ask for details of cautions/convictions of any person over the age of 18 who will be resident in the property where the firearms are going to be kept. If your partner is prohibited from possessing a firearm because they’ve received a custodial sentence in the past, then the police may refuse your licence application. Alternatively, they may issue you with a licence with certain conditions, for example that your partner doesn’t have any access to any of the weapons; you will be made aware that you would be committing an offence if you allowed your partner access.
If your application is refused, you will receive details of the reasons for the refusal and a full refund of your application fee.
Useful links
A Freedom of Information request by the BBC to the Isle of Man Constabulary revealed that nearly 40% of all registered gun and crossbow owners on the Isle of Man has a criminal record.
As of 31 March 2019, 2,003 people held certificates for firearms and regulated weapons with 789 of these (39%) having at least one conviction.
Although the above information doesn’t relate specifically to England and Wales, it’s interesting to see that it is possible to get a licence.
More information
To discuss this issue with others – Read and share your experiences on our online forum.
A person would usually be disqualified from acting as a foster carer for a local authority if s/he or any adult member of the household has been cautioned or convicted of an offence against a child which involves:-
violence or bodily injury (other than common assault or battery)
cruelty (to a child under 16)
indecency
abduction
the supply of Class A drugs
the importation/possession of indecent photographs of a child under 16
a sexual offence against a child
How will my criminal record be dealt with?
Enhanced Disclosure and Barring Service checks will be undertaken when you apply to become a foster carer but having a criminal record won’t necessarily disqualify you from becoming a foster carer.
Whether you meet the required fostering criteria depends on the type and circumstance of the offence and how long ago it was committed. Should you have a caution or criminal conviction, it is imperative that you are open and upfront about it. It will be discussed at a very early stage in the application process.
There are no regulatory bodies governing the registration or membership of people working within IT.
The checks that are done, and the decisions on whether to employ somebody with a criminal conviction, will depend on the individual employer and what types of relationships they have with other companies (e.g. contractor relationships) and the work that they do.
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