BSB consults on disciplinary standard of proof

BSB consults on disciplinary standard of proof

The Bar Standards Board (BSB) has launched a new consultation about the standard of proof applied when barristers and others regulated by the BSB face disciplinary proceedings for professional misconduct.

The current standard of proof used is the criminal standard which is “beyond a reasonable doubt” or “satisfied so as to be sure”. The BSB is seeking views as to whether its regulatory arrangements should be changed to allow the civil standard to be applied. The civil standard is “on the balance of probabilities” or “more likely than not”.

Switching to the civil standard would bring the Bar’s disciplinary arrangements in line with most other professions.

The BSB is seeking views about making this change from everyone with an interest in the regulation of the Bar including consumers of legal services, barristers, and bodies and individuals involved in other regulatory disciplinary systems.

The full consultation paper can be found on the BSB website at www.barstandardsboard.org.uk/media/1830289/sop_consultation_paper.pdf.

The consultation closes on Friday 21 July.

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