A barrister who was convicted of rape has been disbarred by the Bar Tribunals & Adjudication Service.
James Boyle, called to the bar by Middle Temple in 1999, was a police officer before becoming a criminal defence barrister. He was still practising when he was charged with 11 counts including rape of a female under 16. Following a trial at Cambridge Crown Court, Boyle was convicted of rape of a female under 16 years, indecent assault of a female under 16 years and rape of a female over 16 years. The convictions all relate to incidents during 1986 and 1988 while he was a serving police officer. In June 2023, he was sentenced to 16 years imprisonment.
Appearing via video link from HMP Littlehey today, Boyle faced three professional misconduct charges before the tribunal.
He admitted acting in a manner which was likely to diminish the trust and confidence which the public places in him or in the profession and/or acted in a manner which could reasonably be seen by the public to undermine his integrity in that he had been convicted and sentenced for three sexual offences.
He told the tribunal: ‘I admit that was the finding of the court. As my barrister has probably told you, I have and always will plead my innocence in these matters, but I acknowledge those were the findings of the court.’ Boyle also admitted two charges of failing to report promptly to the Bar Standards Board that he had been charged and then convicted of the offences.
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The tribunal heard Boyle had been charged by way of postal requisition served on him in July 2019. His trial was first listed for 2020 but ‘due to the pandemic there were severe delays’.
Philip Stott, for the BSB, said in March 2023 ‘Boyle sent a letter to the BSB informing [it] for the first time he had been charged’. In his letter, he said he had not known he had to tell the BSB because it was ‘already aware of the matter’ having been informed by police. He did not report his conviction until October 2023.
Stott added: ‘The tribunal will have seen the response of Mr Boyle who maintained that he is innocent but accepts that he did not report promptly matters that he was supposed to or the fact of his convictions.’
Boyle’s appeal against his conviction was dismissed by the Court of Appeal, the tribunal heard.
James Sutherland, for Boyle, said: ‘As far as the offences themselves are concerned, you have evidence before you [that] police did inform the Bar Council of the charges. Mr Boyle’s letter on 22 March 2023 was before conviction with a genuine apology followed by his reasons.’
Speaking of Boyle’s financial situation, he said Boyle had been refused legal aid for his trial and was in receipt of a police pension but was in ‘dire straits’.
The panel, after a short retirement, disbarred Boyle from practice and ordered that the BSB not issue a practising certificate.
His Honour Simon Davis, chair of the five-person panel, said: ‘Though it needs hardly to be said by us, [these are] horrendous offences of some of the most serious kinds.’
Disbarring Boyle, he added: ‘In our view in relation to charge one there is only one realistic sanction. Your criminal conviction, its type, the length of your sentence, and you being on the sexual offenders register are all aggravating features…mitigating circumstances in our view are not that weighty, your cooperation, your admission of the charges. We take into account you have admitted these charges, although in realty there was no alternative for you to do but that.’
Boyle, who had no previous disciplinary findings against him, was disbarred in relation to the first charge and ‘no separate penalty’ was given in relation to charges two and three (failure to report promptly to the BSB).
No order as to costs was made.
