Ushma Mistry

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

An assistant solicitor at a busy criminal practice used Tippex to remove the final sentence of a consultant psychiatrist's report without the author's knowledge or consent, and the amended report was placed in the court bundle and relied upon at a sentencing hearing. She admitted the conduct, which came to light after she herself told Counsel. The Tribunal found the allegation substantiated and treated it as a very serious attempt to mislead the Court. Although striking off would normally follow, in the exceptional circumstances (pressure, depression, remorse, strong references) the Tribunal gave her the benefit of the doubt and imposed an indefinite suspension plus £800 costs. No express finding of dishonesty was made.

Duties found breached:

• Not mislead the court

Aggravating factors:

• Act of commission involving tippexing, copying and placing the amended document in the court bundle
• Amended report relied upon by Counsel before the Court, misleading the Court
• Deletion concerned the integrity of the profession's relationship with the Court

Mitigating factors:

• Full admission of the allegation and facts
• The Respondent herself disclosed the amendment to Counsel, which brought matters to light
• Immediate and genuine remorse when confronted
• Working under significant pressure/stress; severe clinical depression per counsellor's report
• Excellent character references attesting to honesty and integrity
• No planning; act done on the spur of the moment
• No ultimate effect on the Court's sentence (Magistrates reconsidered but did not alter sentence)