I have a training contract at a top ten firm, commencing in 2 years time. Unfortunately, I was recently involved in a diasagreement with a public servant which resulted in my being arrested for a Section 4 public order offence.
I intend on pleading not guilty as I dont believe I committed this offence.
I intend on informing the SRA if found guilty, allthough I have been advised that this is unlikely to prevent me practising.
I have no prior convictions of any sort. I have exemplary work experience, pro bono and academics. This is clearly an isolated incident and entirely out of character.
How do you rate my chances of keeping my training contract? Should I disclose this to them immediately or prior to commencement of the training contract?
How on earth are you going to plead not guilty after being arrested? I suppose your hearing is at the magistrates court where the sentencing guidelines are fixed!!! Plead guilty at the earliest opportunity for credit and to pay a smaller fine. The fact that you have already been arrested = criminal record if the section your being charged under is recordable.
but anyway, wait for the sentence and advise the SRA 1st, see what they say. if the conviction is non recordable you don’t have to inform your employer. –> but check this 1st
I pleaded guilty of travelling without a ticket and intention to avoid payment thereof on the tube despite being innocent! I had money on my oyster card which was not deducted for some reason when I touched the reader.
Although I had the money and no intention I pleaded guilty because through no fault of my own I had travelled for free!!! The solicitor said that this was best as the SRA could see that I recognise my own mistakes and I am honest because I’ve contacted them as soon as the sentence was passed. I wanted to plead not guilty due to the fact that the card was faulty but the solicitor said that I was going to be found guilty anyway and that would have been even worse and the fine really heavy. And the SRA would think that I was a liar that pleaded not guitly when the bench of magistrates found me otherwise!
it is your choice.
Good luck!
First of al, when you inform the SRA you’re going to need to use more plain language. It sounds like you verbally abused or threatened a policeman, it’s better to put it like that rather than the way you wrote it.
Anonymous – do you study law? You are aware I assume that you can be arrested for something, charged but actually NOT be guilty?
Anonymous – If you are a law student, I assume that you are aware that all arrests are recorded on the PNC and as such a criminal record is created!
Why was he arrested then? do You know what s.4 POA means? how can he say he is not guilty after arrest? is he going to say the police was wrong? why were they involed in the 1st place? thats my point.
Do you understand the law? Plead not gulity (at the hearing), under (Section 4 Public Order offence, Sub-section: (3) It is a defence for the accused to prove — (a) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or (b) that his conduct was reasonable.
Build your defence!!!
In support of 1-Apr-2010 1:21 pm, above: As to whether the threat was towards another, you must distinguish Atkin v DPP (1989) Cr App R 199, 204. Be careful, because, it was not necessary for the prosecution to prove that the person perceived the threat: see Swanston v DPP The Times January 23, 1997. Where the threat of violence was taking form it was not necessary to prove that a person or persons present actually felt threatened. Since a threat cannot be made by words alone (Public Order Act 1986, s. 3(3)), there must be some conduct on the part of the accused; the fact that the experience was frightening does not make aggressive words sufficient. See: Robinson [1993] Crim LR 581.
you have no choice but to inform them. you will be found in breach if you don’t inform them anyway.
The biggies are fraud and dishonesty offences, so I personally don’t think an isolated public order conviction (if of course you are convicted) should have any bearing on you practicing as a lawyer.
The SRA website now has very detailed guidelines on issues such as this. If convicted you will obviously have to tell the SRA and your employer also. The number of solicitors who must have convictions for matters such as drink driving must be sky high so I wouldn’t worry too much!
It’s correct that you will have to disclose what happens to the SRA in any event, regardless of how you plead and the outcome. I would explain the details fully though and also provide information to show this incident was out of character. Re the training contract, my advice is to wait for the SRA outcome BEFORE informing your firm. If you inform them before or simultaneously, they might not want to take the risk of keeping your offer open and would easily be able to replace you. However if you are able to assuage their concerns about your suitability (which they invariably will have)and let them know that the SRA confirm that you can still commence training, then this will show that you have taken appropriate action yourself re the SRA and give them less reason to withdraw their offer. Unfortunately it is still a risk though.
Why did you let yourself get in to this situation?? How irresponsible. I would not do anything to jeopardize getting and holding onto that elusive training contract!
🙁
Can I still train to be a barrister even if I had gone bankrupt?
If you gone bankrupt you cannot train as either a solicitor or let alone a barrister?
If you dont tell the SRA and a random CRB check is done and your name comes up you’re out of your TC for sure. Much better to be honest. I’m sure they’ll take a lenient view depending on the circumstances.
Didn’t do ‘two jags’ Prescott’s career much harm when he assaulted someone!! Be positive and keep your temper in future.
RE? Anonymous | 15-Apr-2010 4:35 pm
“Can I still train to be a barrister even if I had gone bankrupt?”
hmm before we look at the regs surrounding this, have you considered how you are going to pay for the BVC if you are bankrupt? Might be a moot point.
Given this question was asked 15 months ago, what happened?