BSB Fitness to practise—suspension, reviews and appealing a decision
Produced in partnership with Paul Pretty of Bar Standards Board
BSB Fitness to practise—suspension, reviews and appealing a decision

The following Corporate Crime guidance note Produced in partnership with Paul Pretty of Bar Standards Board provides comprehensive and up to date legal information covering:

  • BSB Fitness to practise—suspension, reviews and appealing a decision
  • Suspension (applicable to 'BSB authorised individuals' only)
  • Undertakings
  • Referral to another committee
  • Review hearings
  • Appeals before an Appeal Panel
  • Appealing the Fitness to Practise Panel's decision

Suspension (applicable to 'BSB authorised individuals' only)

If the Fitness to Practise Panel (the Panel) determines that a period of suspension is necessary for public protection, it may direct a suspension, either for a period of up to six months or indefinitely. Suspension will be appropriate where the Panel is satisfied that no conditions can be formulated to protect the public or the barrister's interests.

The Panel does not have the power to disbar a barrister just because they are unfit to practise. However, it can impose an indefinite period of suspension.

Indefinite suspension should only be directed where the Panel considers that this is the only means of protecting the public and the wider public interest, which includes maintaining public trust and confidence in the profession.

Indefinite suspension may be appropriate where:

  1. the authorised individual demonstrates a persistent lack of insight into the seriousness of their condition and its impact on their fitness to practise

  2. as a result of the authorised individual's incapacity, they have displayed a reckless and continuing disregard for the protection of the public

  3. the authorised individual is incapacitated to the extent that their behaviour is fundamentally incompatible with the behaviour reasonably expected of a barrister

The Panel is required in the interests of proportionality to balance the need to take action to protect the public, with the