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04 May 2017
Issue: 7744 / Categories: Legal News
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Review of standard of proof for barristers' professional misconduct

Barristers accused of professional misconduct could be prosecuted with a lower standard of proof, under new regulatory proposals.

The Bar Standards Board (BSB) published a consultation this week, R eview of the Standard of Proof Applied in Professional Misconduct Proceedings , proposing lowering the standard of proof at disciplinary hearings for professional misconduct from the current criminal standard of ‘beyond reasonable doubt’ to the civil standard of ‘on the balance of probabilities’.

Switching to the civil standard would bring the Bar 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. While the Solicitors Disciplinary Tribunal applies the criminal standard, it is not an approved regulator and considers itself bound by case law to continue applying the criminal standard.

The consultation closes on 21 July.

Issue: 7744 / Categories: Legal News
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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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