England: Barristers to be held to civil standard of proof in misconduct cases
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Barristers accused of professional misconduct in England and Wales will now have claims against them assessed on a balance of probabilities, the civil standard of proof, as opposed to the criminal standard of beyond all reasonable doubt.
Rules came into force yesterday that could see more barristers successfully prosecuted, The Brief reports.
The change comes in the wake of a consultation in 2017 and brings the disciplinary arrangements at the bar into line with other regulators.
Of the 101 consultation responses received by the Bar Standard Board, only 12 supported the change.
Solicitor regulators have backed a similar change and are due to publish responses before Easter.
Vanessa Davies, the Bar Standard Board director general, said: “This is an important moment in the ongoing modernisation of our regulatory arrangements. The public and the profession can continue to have confidence that our disciplinary proceedings are robust, thorough and fair to all concerned.”
But Marc Beaumont, a disciplinary law specialist barrister, said: “I don’t think the different standard of proof will make much difference.
“Tribunals don’t trouble themselves with the standard of proof: if they believe a witness, they will believe them, whatever the standard of proof.”
However, he added: “The number of prosecutions may increase, because most prosecutors will think the lower standard will give them a better chance of success.”
Scottish Legal News reported yesterday that the Scottish Solicitors’ Discipline Tribunal has launched a consultation on making a similar change north of the border.
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