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SIA guide · How convictions, cautions or pending charges affect an SIA licence

SIA criminality criteria and licence decisions

The current Get Licensed criteria assess relevant offences by disposal, timing and offence category, with specific treatment for pending charges and other criminal-history outcomes. A previous grant does not guarantee the same result under later criteria or after new information.

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What this means

Start with the exact decision in front of you.

The current Get Licensed criteria assess relevant offences by disposal, timing and offence category, with specific treatment for pending charges and other criminal-history outcomes. A previous grant does not guarantee the same result under later criteria or after new information.

Immediate priorities

Organise the position before responding.

01

Obtain the official criminal record and court outcome

02

Apply the edition of Get Licensed current for the decision

03

Correct mistaken identity, offence or sentence information promptly

Detailed guidance

The procedure, evidence and possible route from here.

01

Apply the current offence framework accurately

Get Licensed identifies relevant offences and assesses criminality using matters such as the offence, disposal or sentence and time since restrictions ended. Obtain the official record and court outcome before applying the tables or categories. Similar offence names can have different statutory bases, and the sentence imposed matters more than a recollection of what the court intended. Check whether multiple offences or a custodial term change the category.

The criteria have changed over time. A person who previously held a licence may receive a different result on renewal or when the SIA reviews new information under the current edition. Use the edition governing the present decision and note any special commencement or jurisdiction provision. Do not rely on a colleague's old outcome as a precedent; the offence, disposal, date and criteria may all differ.

  • Obtain the official conviction and sentence record
  • Use the edition applying to the current decision
  • Calculate time from the defined sentence restriction

02

Distinguish automatic and discretionary outcomes

The current criteria identify circumstances leading to automatic refusal and others in which the SIA considers additional factors. First determine the category. Where an automatic rule applies, mitigation may not change the licensing outcome, though factual and classification errors still matter. Where discretion exists, the evidence should address fitness and public risk rather than ask the SIA to disregard a correct conviction.

Pending charges, cautions, warnings and other disposals may be treated differently from spent convictions or concluded cases under the licensing criteria. Record the exact status and avoid calling a charge a conviction. If sentencing or an appeal remains outstanding, provide the current court documentation and future date. The SIA makes a licensing decision; it does not retry the criminal allegation, but accurate procedural status is essential.

  • Classify the decision category before mitigation
  • Correct errors even within an automatic category
  • Describe pending criminal proceedings precisely

03

Present rehabilitation evidence with a clear purpose

Where the criteria permit additional factors, evidence can address conduct since the event, employment, training, insight, compliance and current circumstances. Build a dated narrative supported by records. A long period of incident-free licensed work may be relevant, but explain duties and oversight rather than provide a bare length of service. If the offence involved violence, dishonesty, drugs or safeguarding, address the corresponding public-safety concern directly.

References should state knowledge of the conviction and describe observed reliability or risk management. Treatment or programme evidence should confirm attendance, completion and relevance without excessive health disclosure. A personal statement can explain responsibility and change, but should remain consistent with the conviction and sentence. Attempts to minimise facts conclusively determined by the court may reduce the weight of otherwise useful rehabilitation material.

  • Build a dated rehabilitation record
  • Address the offence-specific public risk
  • Use informed references and verified programmes

Key questions

Keep the analysis tied to this stage.

Question 01

Whether the offence is relevant under the current criteria

Question 02

Whether an automatic or discretionary category applies

Question 03

Whether additional evidence can affect the fit-and-proper assessment

Independent legal help

Advice is provided only by the regulated firm that accepts a matter.

Common questions

Clarifying the route without assuming the outcome.

Does any criminal record prevent an SIA licence?

No. The result depends on the current criteria, relevant offence, disposal, timing and any category allowing additional factors. Some circumstances do require refusal.

Will an old SIA licence guarantee renewal?

No. Renewal is assessed under the criteria then in force, and new information or changed rules can produce a different decision.

Connected guidance

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Official sources

Check the material for this question.

Sources checked 19 September 2026. Rules change, so compare the current notice and linked official material and tell the operator if a citation or summary needs correction.

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