BSB—Sanctioning powers of the Disciplinary Tribunal
Produced in partnership with Paul Pretty of Bar Standards Board
BSB—Sanctioning powers of the Disciplinary Tribunal

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—Sanctioning powers of the Disciplinary Tribunal
  • The sanction
  • Sanction of suspension from practice or from authorisation or licensing or imposition of conditions
  • Report of finding and sanction
  • Appeal
  • Action to be taken by the Inn (in circumstances where a barrister has been sanctioned to be disbarred)
  • Action to be taken by the Bar Council/Bar Standards Board
  • Publication of finding and sanction

The sanction

If the Disciplinary Tribunal finds any of the charges or applications proved against a respondent, it may then hear evidence of, among other things, any previous disqualification order or finding of professional misconduct.

After hearing any representations by or on behalf of the defendant, the Disciplinary Tribunal must then decide what sanction to impose on a defendant, taking into account the sanctions guidance and must record its sanction in writing, together with its reasons.

When a charge of professional misconduct has been found proved against a barrister by a Disciplinary Tribunal. The Disciplinary Tribunal may decide:

  1. to disbar them

  2. to suspend their practising certificate

  3. not to renew their practising certificate

  4. to impose conditions on their practising certificate

  5. to prohibit them, either indefinitely or for a prescribed period and either unconditionally or subject to conditions, from accepting or carrying out any public access instructions

  6. to remove or to suspend their authorisation to conduct litigation or to impose conditions on it

  7. to order them to pay a fine of up to £50,000 to the Bar Standards Board (BSB) (or up to £50m if the charges relate to their time as an employee or manager of a licensed body)

  8. to order them to complete continuing professional development of such nature and duration as the Tribunal may direct and provide satisfactory proof