Lowering the bar: BSB to consult on standard of proof in professional misconduct cases

The Bar Standards Board (BSB) has published a 10-page consultation paper to consider views about lowering the standard of proof for prosecuting barristers accused of professional misconduct.

Currently, the standard of proof used in professional misconduct allegations is ‘beyond reasonable doubt’. The BSB is seeking views on whether this should be changed to the civil standard, ‘on the balance of probabilities’. The consultation closes on 21 July 2017.

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