No more drink-drive fines: SRA swerves on solicitor sanction

Solicitors convicted of drink-driving will no longer face a penalty from their regulator following a backlash from the profession and accusations of double jeopardy.

The Solicitors Regulation Authority board revealed yesterday that it approved a rule change at its meeting last month to stop imposing financial penalties for offences relating to drink driving, except in 'exceptional circumstances'.

The issue came to the fore last year after a solicitor was fined £13,836 by the SRA for driving while under the influence of alcohol. The penalty was 31 times higher than that imposed by the court.

The SRA consulted on revised guidance for decision-makers on its approach to imposing fines, which included dropping penalties for drink driving convictions. The papers from last month's board meeting stated this consultation prompted ‘detailed and critical comments’ from solicitors, firms and their representative bodies, most of which  supported the new approach.

Supporters perceived that the change would remove inconsistencies in how drink driving offences are penalised, leading to a clearer, more predictable regulatory response. Members of the public and individual solicitors felt that additional SRA-imposed fines could be excessive given that the criminal justice system had already imposed a penalty. They argued that solicitors should not face higher or additional fines from the SRA for the same offence.

The dissenting voices pointed out that the proposal may fetter the SRA’s discretion, while one respondent pointed out the apparent regulatory gap of not addressing drug-related driving convictions.

A drink-drive conviction will now incur a warning or rebuke from the regulator, except in cases with serious aggravating factors such as repeat offending. In those cases, a referral would be made to the Solicitors Disciplinary Tribunal which can decide whether an individual should be suspended or removed from practice.

The SRA said its guidance will make clear that not all cases with aggravating factors will be automatically referred to the SDT. Similarly decision-makers will be urged to apply a similar approach to driving whilst under the influence of drugs.

Speaking at the monthly press briefing on Monday, SRA chief executive Paul Philip said the regulator had reflected on the responses to high-profile fines and changed its approach. He added: ‘If someone has a problem with drink driving then being fined is not going to stop them doing that. If they continue to break the law in a serious way then we need to consider whether you can continue to practice as a solicitor.’

Formal LSB approval of the change of approach to convictions for drink driving is not required as this is not a change to regulatory arrangements, but the SRA will notify the LSB and SDT as a matter of courtesy.