Barristers subject to a disciplinary process could have interim restrictions placed on them which would still allow them to continue in practice.
The Bar Standards Board has announced it will change its rules to allow an effective halfway point between allowing individuals to carry on as normal and placing them under an interim suspension.
It is felt by the regulator that imposing interim conditions is a proportionate outcome that protects the public but does not halt the career of a barrister before any misconduct has been proven. In practice, the conditions could include not accepting new instructions of a particular type, practising only under supervision or undertaking advocacy.
Most respondents to a consultation earlier this year supported the BSB proposal to extend its powers to impose immediate and interim condition orders, rather than only intervening where suspension is necessary.
One respondent said that this would enable barristers to ‘continue to earn a living, to the extent appropriate, whilst also maintaining protection of the public, the interests of clients and other public interests’.
Those opposed to the proposal expressed concern that it would result in unnecessary, additional regulation of the profession and the risk of punishment before a finding of misconduct.
The BSB said that extending the available interim measures to include conditions will provide a more proportionate and flexible regulatory response. It will retain the requirement that a referral may be made only where ‘necessary’ - for example to protect the public or the public interest - as a safeguard against imposing extra regulation on the profession.
Among the other proposals being pushed through is that the outcomes of all disciplinary tribunal hearings are published in all cases, including where the charges against a barrister have been dismissed.
Some barristers had expressed concern that the publication of dismissed cases would cause reputational harm, but the BSB said that where proceedings are already in the public domain, it was right to reflect the outcome in the interests of fairness and transparency. Barristers will have the opportunity to raise any objections before publication takes place in certain cases.
The new regulations will come into force on or shortly after 1 February 2027, with a ‘clean break’ so that the new regulations will apply to all cases from that date, including those already in progress.
Phil Golding, director general of the BSB, said: ‘These reforms will lead to speedier outcomes, better support for witnesses and will increase the transparency of tribunal hearings. We are grateful for the support from our stakeholders in helping to shape the draft regulations to deliver against these objectives.’
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