Types of disciplinary hearings
Summary Procedure hearing
The Summary Procedure is reserved for where the facts relating to the charges against the barrister are not in dispute and the sentence imposed is not likely to be greater than three months suspension.
The panel consists of three people - a Queens Council (Chairman); a barrister; and a lay member. The panel is appointed by the Council of the Inns of Court, which is a body independent of the Bar Standards Board.
The procedure at the hearing is informal and usually consists of the barrister explaining their conduct and the panel members asking questions. An Investigations Officer from the Bar Standards Board will attend, but does not present the case. There will also normally be a representative of the Council of the Inns of Court present who acts as Clerk to the proceedings. Witnesses will not be called as the facts are not in dispute.
Once the charges have been admitted or proved, the defendant barrister is given an opportunity to put forward any submissions that might affect the sentence imposed. The panel will then announce the sentence.
Depending on the complexity of the case, a Summary Procedure hearing may take between 30 minutes to 2 hours.
Disciplinary Tribunal
Disciplinary Tribunal are reserved for cases where there is a dispute as to the facts and/or the circumstances of the case were considered by the Complaints Committee to potentially warrant more than three months suspension if the full charges are proved. This does not mean that the sentence imposed by the panel will involve a suspension as sentencing is entirely a matter for the panel having heard the case.
The Tribunal consists of five people – a Judge (Chairman); two barristers; and two lay members. The panel is appointed by the Council of the Inns of Court, which is a body independent of the Bar Standards Board. A Clerk to the Tribunal will also be present and the proceedings are recorded by a shorthand writer.
The procedure at a Disciplinary Tribunal is more formal than at a Summary Procedure hearing. The Bar Standards Board is represented by a barrister who presents the case to the panel. The defendant barrister, who may also be represented, then has the opportunity to present his/her defence. Witnesses may be called to give formal evidence to the Tribunal and their evidence will be given under oath.
If the barrister does not admit the charges, then the panel will have to decide, after hearing all the evidence, whether or not the charges are proved. The panel will retire to consider the evidence and then return to announce its findings with reasons.
As with Summary Procedure hearings, once the charges are admitted or have been proved, the defendant barrister is given an opportunity to put forward any submissions that might affect the sentence imposed. The panel will then announce the sentence and reasons.
Depending on the complexity of the case, a Disciplinary Tribunal hearing may last as little as one hour or up to several days.
Appeal to the Visitors
Any barrister who has been found guilty of charges of professional misconduct at a Summary Procedure hearing or Disciplinary Tribunal has the right to appeal against the finding and/or the sentence.
Appeals are made to the Visitors of the Inns of Court. The Visitors are independent of the Bar Standards Board.
If the Appeal is from the finding or sentence of a Summary Procedure hearing, it will normally be heard by a High Court Judge sitting alone. Appeals from the finding or sentence of a Disciplinary Tribunal are normally heard by a panel of three, consisting of a High Court Judge, a barrister, and a lay member.
Appeal hearings are relatively formal and will usually consist of the barrister who has been found guilty of charges putting forward his/her case followed by the response from the Bar Standards Board.
Decisions and reasons are usually given at the end of the hearing but in some cases the Visitors will reserve judgement so that full written reasons can be provided.
Appeal hearings may last from a couple hours to a full day.
Appeal hearings normally take place at the Royal Courts of Justice and if you wish to attend, you should contact the Investigations Department to be notified of the Court number.
