Barristers accused of professional misconduct will be prosecuted with the civil standard of proof in future, following a change to their professional code.
The new edition of the Bar Standards Board (BSB) Handbook, published this week, adopts the lower threshold of balance of probabilities or ‘more likely than not’ for conduct that occurs from 1 April 2019. Previously, alleged breaches of the Bar’s code of conduct have been judged according to the criminal standard of proof, beyond reasonable doubt or ‘satisfied so as to be sure’.
The move brings barristers in line with the rest of the legal profession and most other professions—the BSB and the Royal College of Veterinary Surgeons are currently the only professional regulators applying the criminal standard.
The BSB consulted on the move in 2017.
BSB director general, Dr Vanessa Davies, 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.’
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