Solicitor convicted after refusing breath samples and failing to notify the regulator promptly
A solicitor has been rebuked by the Solicitors Regulation Authority (SRA) following a criminal conviction linked to drink-driving offences and a delay in notifying the regulator about the matter. Susan Jane England, a solicitor employed by Mowll Limited, agreed to the disciplinary outcome following an SRA investigation into her conduct.
According to the regulator, Kent Police attended an incident on 10 August 2023 after members of the public reported concerns about a woman sitting in a vehicle who appeared intoxicated. Officers found England in the back of an ambulance after ambulance staff informed police she had been sitting in the driver’s seat when they arrived.
Police requested a roadside breath specimen, which England refused to provide. After being arrested and taken to Margate Police Station, she again refused to provide breath specimens for analysis.
England was charged on 11 August 2023 with two counts of failing to provide a specimen. On 7 December 2023, she pleaded guilty at Margate Magistrates’ Court to the offence of failing to provide a specimen while being in charge of a vehicle, contrary to the Road Traffic Act 1988. The court imposed a 12-month community order, requiring England to complete 40 hours of unpaid work. She was also disqualified from driving for six months and ordered to pay a surcharge of £114 and prosecution costs of £85.
The SRA also found that England failed to notify the regulator promptly about both the criminal charge and conviction. According to the agreed outcome, she informed the SRA on 13 November 2024, approximately 14 months after being charged and 11 months after her conviction.
England admitted breaching Principle 1 of the SRA Principles by failing to uphold the rule of law and proper administration of justice. She also admitted breaching Principle 2 concerning public trust and confidence in the profession, as well as paragraph 7.6 of the Code of Conduct relating to prompt notification obligations.
In deciding on a sanction, the SRA said England’s conviction and reporting failures risked undermining confidence in the solicitors’ profession. However, the regulator also took into account several mitigating factors, including her early guilty plea, cooperation with the investigation, expressions of remorse and the absence of previous regulatory findings. The SRA concluded that a written rebuke was a proportionate outcome to maintain professional standards and deter similar misconduct. England also agreed to pay £600 towards the SRA’s investigation costs.