Review of the Standard of Proof Applied in Professional Misconduct Proceedings

We would like to draw your attention to the Bar Standards Board’s consultation on the standard of proof to be applied in professional misconduct hearings. It can be found on the BSB website.

The issue is this: the current standard of proof used in disciplinary proceedings for professional misconduct brought against those regulated by the BSB, including barristers, authorised bodies and, in some circumstances, their employees, is the criminal standard (satisfied “so as to be sure” or “beyond a reasonable doubt”). The BSB is inviting views on whether the regulatory arrangements should allow the civil standard to be applied (“on the balance of probabilities” or “more likely than not”), in line with other professional regulators.

As there is a range of views on the subject, members of the Inn are invited to submit their own responses.

The consultation will close on 21 July 2017.