Sanctions

Question 1

What is the purpose of sanctions?

Answer 1

(Bolton v Law Society) to maintain the reputation of the profession as one which every member, of whatever standing, may be trusted to the ends of the earth

Question 2

What is the procedure for sanctions?

Answer 2

1. Initial assessment of complaint or allegation
2. formal investigation
3. decision by investigations and enforcement team or IDB
4. administrative sanction by IDB or refer to Disciplinary tribunal

Question 3

What is the purpose of the BSB Disciplinary Tribunal?

Answer 3

They deal with very serious breaches of conduct or if a barrister doesn’t agree to determination by consent procedure

Question 4

What penalties can the Bar Tribunals and Adjudication Service provide?

Answer 4

1. disbarment
2. suspension
3. order for removal of practising certificate
4. a fine

Question 5

What is the order for sanctions bodies?

Answer 5

1. IDB
2. BSB Disciplinary Tribunal
3. Bar Tribunals and Adjudication Service