Disciplinary Record - Martin Mannish

Decision - Agreement

Outcome: Regulatory settlement agreement

Outcome date: 24 June 2024

Published date: 11 July 2024

Firm details

No detail provided:

Outcome details

This outcome was reached by agreement.

Reasons/basis

1. Agreed outcome

1.1 Martin Mannish ('Mr Mannish'), a non-solicitor, agrees to the following outcomes to the investigation of his conduct by the Solicitors Regulation Authority (SRA):

1. to the SRA making an order under section 43 of the Solicitors Act 1974 (a section 43 order) in relation to Mr Mannish that, from the date of this agreement:
   1. no solicitor shall employ or remunerate him in connection with their practice as a solicitor
   2. no employee of a solicitor shall employ or remunerate him in connection with the solicitor's practice
   3. no recognised body shall employ or remunerate him
   4. no manager or employee of a recognised body shall employ or remunerate him in connection with the business of that body (v) no recognised body or manager or employee of such a body shall permit him to be a manager of the body
   5. no recognised body or manager or employee of such body shall permit him to have an interest in the body except in accordance with the SRA's prior permission
2. to the publication of this agreement
3. to pay the costs of the investigation of £675.

2. Summary of facts

2.1 Between 2 February 2008 and 13 June 2023, Mr Mannish was registered with the Legal Aid Agency as a police station accredited representative. He provided legal advice to people in police detention, ensured that their statutory rights and entitlements were met and prepared them for interviews under caution.

2.2 As a non-authorised person, Mr Mannish was instructed to provide this service in the following ways:

2.2.1 directly by individual solicitors and firms specialising in the provision of criminal defence services who commissioned him to attend police stations in their name and on their behalf

2.2.2 through him being registered with third-party agencies that connected solicitors to a bank of police station accredited representatives.

2.3 Mr Mannish was remunerated by those solicitors either by them making payments directly to him or via the third-party agencies with which he was registered.

2.4 We investigated reports from police officers who were concerned about the conduct of Mr Mannish when he attended police stations to act for detainees.

2.5 The investigation established that while he was carrying out his role at police stations on four occasions between 1 December 2021 and 2 April 2023 Mr Mannish:

2.5.1 described to a police officer a detainee that he had previously represented and who identified as transgender as a 'he, she, him, her, it, thing'

2.5.2 made critical comments to a police officer about immigrants and referred to them as 'boat people'

2.5.3 told a police officer during a meeting for interview preparation that he 'does not do Trans or Black Lives Matter'

2.5.4 repeatedly swore in front of a detainee and a police officer about a situation involving another person he was representing at a different police station.

2.6 On 30 March 2020, the SRA warned Mr Mannish about his conduct. That warning was issued after an SRA investigation found that Mr Mannish made offensive comments in the presence of detainees and police officers and while carrying out his role as a police station accredited representative.

3. Admissions

3.1 Mr Mannish agrees, and the SRA accepts, that his conduct between 2021 and 2023 while carrying out the role of a police station accredited representative means that it is undesirable for him to be involved in legal practice without the SRA's prior permission.

4. Why a section 43 order is appropriate

4.1 The SRA's Enforcement Strategy and its guidance on how it regulates non-authorised persons, sets out its approach to using section 43 orders to control where a non-authorised person can work.

4.2 When considering whether a section 43 order is appropriate in this matter, the SRA has taken into account the admissions made by Mr Mannish.

4.3 The SRA and Mr Mannish agree that a section 43 order is appropriate because he:

4.3.1 is not a solicitor

4.3.2 was involved in legal practice while a police station accredited representative because he was:

• carrying out work in the name of the solicitors that instructed him1 and
• he was remunerated by the solicitors that instructed him, some of which were recognised bodies and because:

4.3.3 he made the offensive comments while carrying out his role as a police station accredited representative, thereby occasioning an act or default in relation to a legal practice.

4.4 It is undesirable for Mr Mannish to be involved in legal practice without the SRA's prior consent. This is because:

4.4.1 as an accredited police station representative he would need to demonstrate he was inclusive and could meet the needs of vulnerable people in police detention

4.4.2 he was working in the name of solicitors and in so doing, he was expected to act with high ethical standards and in a way that upholds the public's trust and confidence in solicitors and legal services.

4.5 By making offensive comments in the presence of detainees and police officers, Mr Mannish disregarded those whose interests he had a specific duty to support and uphold.

4.6 The public's trust and confidence in solicitors and legal services is undermined when individuals fail to act with integrity and in a way that supports equality, diversity and inclusion.

4.7 Despite receiving a warning about his conduct on 30 March 2020, Mr Mannish repeated that conduct between 1 December 2021 and 2 April 2023. Therefore, there is a risk that he will continue to behave in this way if he is involved in legal practice without the SRA's prior consent.

5. Publication

5.1 The SRA considers it appropriate that this agreement is published in the interests of transparency in the regulatory process.

5.2 Mr Mannish agrees to the publication of this agreement.

6. Acting in a way which is inconsistent with this agreement

6.1 Mr Mannish agrees that he will not deny the admissions made in this agreement or act in any way which is inconsistent with it.

7. Costs

7.1 Mr Mannish agrees to pay the costs of the SRA's investigation in the sum of £675. Such costs are due within 28 days of a statement of costs due being issued by the SRA.