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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Do you have anyone expert in the field of FCA / PRA approved

Customer Question

Do you have anyone expert in the field of FCA / PRA approved persons regime, particularly as relates to disclosure of past convictions / cautions, and the changes introduced by the changes made to the Rehabilitation of Offenders Act in 2013 and the introduction of the 'protected conviction' concept?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
-Could you explain your situation a little more?
Customer: replied 2 years ago.

I have a minor conviction namely 'travelling on the railways without a valid ticket with event date in July 2003 and a conviction date of 14 January 2004. This in my only conviction. My take on the amendments made to the Rehabilitation of Offenders Act in 2013 is that if certain criteria are met the conviction becomes a 'protected conviction' which would not require disclosure in job applications over even for an approved persons function as governed and controlled by the PRA and FCA (the new FSA).See the process on the following

http://www.fca.org.uk/static/documents/disclosures-cautions-convictions-in-form-a.pdf

What I need is:

a) confirmation that the offence above is not a 'listed offence' as defined in the Rehabilitation of Offenders Act. See the following link http://www.legislation.gov.uk/uksi/2013/1198/pdfs/uksi_20131198_en.pdf

b) confirmation that the date of conviction as mentioned in the first document above is the date of the court hearing and not the date of offence and

c) if I disclose now I am 5 months less than the 11 year rule which permits non disclosure. Do you know if the FCA could assess now based on the disclosure I have to make (as 5 months less than 11 years) find against and then carry this forward beyond the period I am required to disclose. That is, I could choose not to apply for the job now which requires disclosure, wait 5 months and then legally not disclose, if that makes sense?

Thanks

Expert:  UKSolicitorJA replied 2 years ago.
Hello,
Thank you for your questions which I would respond to as follows:
A your conviction is not a listed offence;
B I confirm that the conviction date is not the same as the date of the offence
C I am afraid if you apply now you would be obliged to disclose your conviction and the FCA may consider it even if it is considered after the 11 years mark. You do not need to disclose it after the 11 years mark and may want to wait until then.
May I help further?

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