Decisions

The Solicitors Disciplinary Tribunal ordered that the respondent should be struck off the roll.

At the material time, the respondent was an associate solicitor at Herbert Smith Freehills LLP. The SRA alleged that the respondent had made 1,379 still category A indecent photographs of children, contrary to sections 1(1)(a) and 6 of the Protection of Children Act 1978, thereby breaching sections 1.02 and 1.06 of the Solicitors Code of Conduct 2007 and principles 2 and 6 of the SRA Principles 2011.

He had intentionally arranged an act which he intended to do or had intended another to do, the doing of which would involve the commission of an offence under any of sections 9 to 13 of the Sexual Offences Act 2003, namely sexual activity with a child contrary to section 9, in that he had discussed meeting with ‘Kev’ and ‘Chris’ for the purpose of engaging in sexual activity with an eight-year-old girl thereby breaching principles 2 and 6.

He had intentionally facilitated an act which he intended to do or intended another to do, the doing of which would involve the commission of an offence under any of sections 9 to 13 of the Sexual Offences Act 2003, namely sexual activity with a child contrary to section 9, in that he had discussed meeting with ‘Kev’ and ‘Chris’ for the purpose of engaging in sexual activity with an eight-year-old girl thereby breaching principles 2 and 6.

He had made 1,673 still category B indecent photographs of children, contrary to sections 1(1)(a) and 6 of the 1978 act, thereby breaching rules 1.02 and 1.06 of the 2007 code and principles 2 and 6.

He had made 6,772 still category C indecent photographs of children, contrary to sections 1(1)(a) and 6 of the 1978 act thereby breaching rules 1.02 and 1.06 of the 2007 code and principles 2 and 6.

In October 2021, following a guilty plea, the respondent had been convicted by magistrates of three offences of making indecent photographs of a child, and in October 2022 after a trial in the Crown court he had been convicted of the offences of arranging the commission of a child sex offence and facilitating the commission of a child sex offence.

He had been sentenced to a total of 19 months’ imprisonment in addition to ancillary orders. The custodial sentence was substituted by a suspended 19-month custodial sentence following a successful appeal against sentence.

The parties had invited the SDT to deal with the allegations against the respondent in accordance with a statement of agreed facts and outcome.

Notwithstanding the respondent’s mitigation, the seriousness of the criminal offending spoke for itself. The only appropriate and proportionate sanction was to strike the respondent off the roll.

The respondent was ordered to pay costs of £4,002.