John Urquhart

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

The respondent, a retired solicitor (no practising certificate since 2006 but still on the Roll), was convicted on indictment at Dunfermline Sheriff Court of two charges under the Civic Government (Scotland) Act 1982 relating to making and distributing indecent images of children. He was made subject to a community payback order and notification requirements under the Sexual Offences Act 2003 for three years. The Tribunal unanimously found him guilty of professional misconduct, holding the conduct was serious and damaging to the reputation of and public confidence in the profession, and that such a conviction was incompatible with remaining on the Roll. The only possible sanction was striking off. The respondent was found liable in expenses and the usual order on publicity was made.

Duties found breached:

• Report serious misconduct of others
• No baseless or threatened misconduct report

Aggravating factors:

• Very serious convictions prosecuted on indictment
• Conduct of a type considered serious and abhorrent by society
• Resulted in a significant community based disposal and restriction under the Sex Offenders Act 2003
• Extremely damaging to the reputation of and public confidence in the profession

Mitigating factors:

• Clear remorse and regret demonstrated before the Tribunal
• Cooperated, entering into a Joint Minute at a very early stage
• In practice for some 36 years with no other disciplinary matter
• Number and nature of images at the lower end of the scale of this type of offence
• Conduct occurred in private life, not connected to actings as a solicitor