BSB—Referral to the Fitness to Practise Panel—preliminary hearings and interim restrictions
Produced in partnership with Paul Pretty of Bar Standards Board
BSB—Referral to the Fitness to Practise Panel—preliminary hearings and interim restrictions

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—Referral to the Fitness to Practise Panel—preliminary hearings and interim restrictions
  • Initial consideration and referral of cases to a Fitness to Practise Panel
  • Preliminary hearing of a Fitness to Practise Panel
  • Directions for the full hearing
  • Interim restrictions
  • Reviewing interim restrictions

Initial consideration and referral of cases to a Fitness to Practise Panel

A case does not need to be referred to a Fitness to Practise Panel just because an individual is unwell, even if the illness is serious. However, an individual's fitness to practise is brought into question if it appears that they have an incapacity due to a medical condition (including an addiction to drugs or alcohol), and as a result, the individual's fitness to practise is impaired to such an extent that restrictions on practise are necessary. For example, an individual who has an incapacity but does not appear to be following appropriate medical advice about modifying their practise as necessary in order to minimise risk to the public may be 'unfit to practise'.

Information raising a question regarding an individual's fitness to practise may be received from a variety of sources, eg from a judge, other barristers, through another complaint, as a result of a self-referral from the individual or from the findings of the Disciplinary Tribunal. The fitness to practise issues may also come to the Bar Standards Board’s (BSB’s) attention where it is considering a complaint of professional conduct.

The BSB must refer a case to a Fitness to Practise Panel if it considers that an individual may be unfit to practise. The BSB may