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This raises interesting questions about where the SRA draws a line, given that many 'offences' on the statute book are of a low level of harm or are more in the nature of 'mala in prohibita' rather than 'mala in se'. A solicitor who disregards the need to offer a freehold of flats to the lessees under the L&TA 1987 commits an offence even in situations where that Act is academic because of the constitution of the block. A solicitor who assists a loved one with a terminal illness and relentless pain to die, and relies on the A-G's guidance about when to prosecute and when not to, still commits the offence of murder.

There needs to be a more elaborate and nuances statement of policy as to technical and minor offences by the SRA.