Prior Conduct
Any person wishing to enrol as a member of
ILEX and any existing member of ILEX must declare to IPS whether
they have any prior conduct. Prior conduct is defined as:
- a caution or conviction;
- any declaration of bankruptcy and any
arrangement made by a member with creditors;
- any County Court Judgments made against a
member;
- any proceedings taken against a member under
the Solicitors Act 1974; and
- any decision excluding or expelling a member
from any professional body.
Fellows of ILEX are exempt from the
Rehabilitation of Offenders Act 1974. They must therefore
declare all convictions, including those that are spent.
Other grades of member do not need to declare spent convictions
until they make an application to become a Fellow of ILEX.
ILEX members must declare prior conduct at the
earliest opportunity. In any event the annual subscription
return requires members to make a return in respect of prior
conduct. Earlier declarations can be made
online using the My ILEX, Prior Conduct Form service.
IPS will consider each declaration of prior
conduct. In most cases further information will be required
from members or applicants, including an explanation of the
circumstances leading up to the prior conduct. In some
instances references as to character and conduct will assist.
IPS will consider the information and decide whether or not the
person may enrol as a member of ILEX or continue as a member of
ILEX. The decision may be made by the IPS officer or by a
panel set up under the Investigation, Disciplinary and
Appeal Rules.