BSB—Sentencing powers of the Disciplinary Tribunal
BSB—Sentencing powers of the Disciplinary Tribunal

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • BSB—Sentencing powers of the Disciplinary Tribunal
  • The sentence
  • Sentence of suspension from practice or from authorisation or licensing or imposition of conditions
  • Deferring a sentence
  • Report of finding and sentence
  • Appeal
  • Action to be taken by the Inn (in circumstances where a barrister has been sentenced to be disbarred or suspended)
  • Action to be taken by the Bar Council/Bar Standards Board
  • Publication of finding and sentence

The sentence

If the Disciplinary Tribunal finds any of the charges or applications proved against a defendant, it may then hear evidence of, among other things, any previous disqualification order or finding of professional misconduct.BSB Handbook Disciplinary Tribunals Regulations B2 rE203

After hearing any representations by or on behalf of the defendant, the Disciplinary Tribunal must then decide what sentence to impose on a defendant, taking into account the sentencing guidelines and must record its sentence 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:BSB Handbook Disciplinary Tribunals Regulations B3 Annex 1—sentencing powers against barristers

  1. to disbar them

  2. to suspend their practising certificate and suspend their rights and privileges as a member of their Inn for a prescribed period (either conditionally or subject to conditions)

  3. not to renew their practising certificate

  4. to impose conditions on their practising certificate

  5. be prohibited, 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 of compliance with this order to the supervision team

  9. to order