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This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

Bar Standards Board

Website http://www.barstandardsboard.org.uk
Tribunal rules The Council of the Inns of Court
Disciplinary Tribunals Rules 2005
Code of Standards, etc The Code of Conduct of the Bar of England and Wales
Grounds for disciplinary proceedings Professional misconduct Inadequate professional service
Powers of administrative suspension? Yes
Settlement/conciliation procedures available? Yes – only informal
Who investigates? Complaints Commissioner & Complaints Officers
Power of entry/search and seizure? No
Power to demand information? No
Pre-trial hearing? Yes
Discovery of documents? No
Pleadings? No
Tribunal The Disciplinary Tribunal of the Council of the Inns of Court
Address Clerk to the Disciplinary Tribunal
Quadrant Chambers 10 Fleet Street London EC4Y 1AU
Legally qualified chairman? Yes
Tribunal includes lay element? Yes
Tribunal has legal assessor/clerk? Yes
Evidence heard on oath? Yes
Prosecution conducted in name of The Complaints Committee of the Bar Standards Board
Prosecution usually conducted by Barrister from a prosecution panel.
Judicial rules of evidence apply? In modified form
Standard of proof Criminal (professional misconduct) Civil (inadequate professional service)
Maximum fine £5,000 (to be increased to £15,000 in 2009)
Costs against prosecutor? Yes
Power to order compensation? Yes – only for inadequate professional service
Compensation limit £15,000
Proceedings open to public? Yes
Reasons given for decisions? Yes
Published sentencing guidelines No – to be introduced in 2009
Where are decisions reported? BSB website, Inns of Court
Alternative to full disciplinary proceedings? Yes
Ombudsman Legal Services Ombudsman See further under Office for the Supervision of Solicitors
Appellate tribunal The Visitors to the Inns of Court
Is right of appeal limited? Fresh evidence may only be called in exceptional circumstances
Costs against prosecutor? Yes
Right of appeal to prosecutor? Yes

 

Examples of Disciplinary Codes »