Solicitor posed as police officer to get CCTV footage from Nando’s

A motoring solicitor from Cheshire has been found guilty of impersonating a police officer to unlawfully obtain CCTV footage from a Nando's restaurant. This incident highlights critical issues concerning professional conduct, integrity, and the severe regulatory consequences for solicitors who breach both criminal law and the Solicitors Regulation Authority (SRA) Principles. The conviction underscores the legal profession's stringent ethical obligations, which extend beyond direct client work, and the SRA's commitment to upholding public trust and the rule of law. Practitioners are reminded of the profound implications of dishonesty and abuse of position on their careers and the wider profession's reputation.

The recent conviction of a Cheshire-based solicitor for impersonating a police officer to procure CCTV footage from a Nando's restaurant has sent ripples through the legal community. The solicitor, Conor Johnstone, was found guilty after contacting the restaurant, introducing himself as 'PC Matt Gregory' from Cheshire Constabulary, and fabricating a story about investigating an altercation to obtain footage of his ex-girlfriend. This audacious act, which involved creating a fake police email address with a crest and providing a false job title within a domestic violence unit, represents a significant breach of both criminal law and the fundamental ethical standards expected of legal professionals.

This case serves as a stark reminder of the pervasive nature of a solicitor's professional obligations, which extend to their private conduct where it impacts public trust and the standing of the profession. The incident not only resulted in a criminal conviction but also triggers serious implications under the Solicitors Regulation Authority's (SRA) regulatory framework. This article will delve into the statutory and professional conduct rules implicated by such actions, analyse the potential disciplinary outcomes, and discuss the broader ramifications for the integrity and reputation of the solicitors' profession in England and Wales.

The legal framework governing this incident is twofold: criminal law concerning impersonation and the professional conduct rules for solicitors. Impersonating a police officer with intent to deceive is a criminal offence under Section 90(1) of the Police Act 1996. This section stipulates that any person who, with intent to deceive, impersonates a member of a police force or special constable, or makes any statement or does any act calculated falsely to suggest they are such a member or constable, is guilty of an offence. The maximum penalty on summary conviction is six months' imprisonment or a fine not exceeding level 5 on the standard scale, or both.

For solicitors, the Solicitors Regulation Authority (SRA) sets out the mandatory professional standards. The SRA Principles are the fundamental tenets of ethical behaviour, requiring all regulated individuals to act in a way that upholds the constitutional principle of the rule of law and the proper administration of justice (Principle 1), upholds public trust and confidence in the solicitors' profession (Principle 2), acts with independence (Principle 3), honesty (Principle 4), and integrity (Principle 5). These principles apply to conduct and behaviour relating to a solicitor's practice, even if it does not take place in a workplace, provided it realistically touches upon the practice of the profession. Furthermore, the SRA Code of Conduct for Solicitors, Registered European Lawyers, and Registered Foreign Lawyers provides day-to-day standards, including the requirement not to abuse one's position by taking unfair advantage of clients or others. The Solicitors Act 1974 empowers the SRA and the Solicitors Disciplinary Tribunal (SDT) to take disciplinary action against solicitors for professional misconduct.

The solicitor's actions in this case constitute a clear breach of both criminal law and multiple SRA Principles. By impersonating a police officer with a fabricated identity and official-looking email, the solicitor demonstrated a clear 'intent to deceive', satisfying a key element of the offence under Section 90(1) of the Police Act 1996. The criminal conviction itself is a serious matter, but the professional implications for a solicitor are arguably more profound.

From a regulatory perspective, the solicitor's conduct directly contravenes several core SRA Principles. His actions undermine Principle 1 (upholding the rule of law and proper administration of justice) by engaging in unlawful deception. The use of a false police persona to gain an advantage also severely breaches Principle 2 (upholding public trust and confidence in the profession) and Principle 4 (acting with honesty). Perhaps most critically, the conduct is a direct assault on Principle 5, which mandates acting with integrity. The SRA Code of Conduct also states that solicitors must not abuse their position, which can be interpreted broadly to include misusing the authority associated with a professional role, even if not directly related to legal services for a client. The fact that the conduct occurred outside of direct client representation does not insulate the solicitor, as the SRA's rules capture conduct that 'touches realistically upon your practice of the profession'.

Cases involving dishonesty by solicitors are treated with extreme gravity by the Solicitors Disciplinary Tribunal (SDT). The Supreme Court's decision in *Ivey v Genting Casinos* [2017] UKSC 67 established the objective test for dishonesty, which the SDT applies: first, ascertaining the individual's actual state of knowledge or belief as to the facts, and then determining whether their conduct was honest or dishonest by applying the objective standards of ordinary decent people. A finding of dishonesty by the SDT almost invariably leads to striking off the Roll of Solicitors, as established in the seminal case of *Bolton v The Law Society* [1994] 1 WLR 512. Sir Thomas Bingham MR in *Bolton* emphasised that the primary purpose of striking off is not to punish the solicitor but to protect the public and maintain the reputation of the profession. While there is a small residual category of 'exceptional circumstances' where striking off may not be appropriate, as noted in *SRA v Sharma* [2010] EWHC 2022 and *Andrew William Shaw v Solicitors Regulation Authority* (2017), such cases are rare, and misconduct involving dishonesty is generally considered to make striking off inevitable. The SDT has wide powers, including striking off, suspension, imposing restrictions, or fining a solicitor. The SRA itself can also impose penalties for breaches of the Solicitors Act 1974 or SRA rules.

The conviction of a solicitor for impersonating a police officer serves as a potent reminder to all legal practitioners of the expansive scope of their professional obligations and the severe repercussions of failing to uphold the highest standards of honesty and integrity. This case underscores that a solicitor's duty to act ethically is not confined to the office or client matters but extends to all aspects of their public and private life where their conduct can impact the reputation of the legal profession. The use of deception, particularly involving the impersonation of law enforcement, fundamentally erodes public trust in both the police and the legal system.

Practitioners must be acutely aware that any conduct that breaches criminal law, or demonstrates a lack of honesty and integrity, will be met with stringent disciplinary action by the Solicitors Regulation Authority and the Solicitors Disciplinary Tribunal. The near-certainty of being struck off for findings of dishonesty, as established by long-standing case law, highlights the profession's zero-tolerance approach to such transgressions. As this case progresses through any potential appeal and subsequent SRA investigation and SDT proceedings, it will be crucial for legal professionals to observe the outcomes, reinforcing the critical importance of unwavering ethical conduct to safeguard the integrity and public confidence in the solicitors' profession.