Haines: Bullying cases will be expedited
Rulings by Bar disciplinary tribunals which clear barristers of misconduct are to be published in all cases, not only where requested, the Bar Standards Board (BSB) has decided.
Following a consultation on enforcement, the BSB said the move was “particularly important”, because it was bringing forward the point at which barristers charged with misconduct are named.
The BSB said it agreed with the review by Baroness Harriet Harman KC into bullying and harassment at the Bar that outcomes of Bar tribunals should be published “in all cases”.
Baroness Harman also recommended, in her report last September, that the names of barristers charged with misconduct be published immediately unless an anonymity order was in place and there should be a time limit of 14 days to apply for one.
In its response to the consultation on enforcement regulations, the BSB said respondents were “broadly supportive” of bringing forward the point where barristers were named from close to the tribunal hearing to soon after they were charged.
The BSB noted the concerns of one respondent that early publication of charges could “cause disproportionate reputational harm and unnecessary anxiety for the barrister concerned”.
The regulator said its “preferred approach” was for publication to occur following the setting of case management directions.
“We agree with respondents that a key benefit of this option is allowing the parties an opportunity to address and resolve any preliminary issues or applications, including anonymity applications, before publication takes place.
“In addition, we consider that it will promote greater procedural fairness, by allowing the barrister or the BSB the opportunity to object to publication before it occurs.”
The BSB said that it received eight responses to its consultation – one from a member of the public, two from individual barristers, one from a chambers and the rest from representative bodies.
Most supported the regulator’s proposal to introduce into the regulations an overriding objective that cases be dealt with justly and proportionately.
Other “key outcomes” it had decided following the consultation included introducing an automatic presumption of anonymity for witnesses involved in allegations of a sexual nature.
Five-member disciplinary tribunal panels, chaired by a judge or KC, would be retained for disciplinary hearings while panels which decide whether to refer cases to the tribunal would be reduced to three members with a lay majority.
The BSB said most respondents agreed with its proposals to rebrand its fitness to practise regime as a ‘health’ regime, though one said it “sounds like a gym membership”.
The regulator said changes to the way health panels worked work would remove the requirement of ‘incapacitation’ before a barrister could be referred, and include anyone suffering from “a health condition (which may be physical or mental, including addiction)”.
The six-month limit on the suspension or disqualification that can be imposed on barristers for health reasons would be replaced by a fixed period of no more than 36 months.
The BSB said that, following its analysis of consultation responses, it would develop revised regulations, which it planned to consult on this spring. The new enforcement regulations would be implemented early next year.
Steve Haines, interim director general of the BSB, commented: “These changes will help make our end-to-end enforcement process more efficient, effective and timely and with greater transparency.
“They will also help us expedite cases involving bullying and harassment and, crucially, provide assurance of anonymity and support to witnesses.”
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