Burden of Proof To Be Lowered in Barrister Disciplinary Proceedings

Joseph Chiffers Liverpool Lawyer

Burden of Proof To Be Lowered in Barrister Disciplinary Proceedings

The Burden of Proof is due to be lowered in barrister disciplinary proceedings.  Currently the burden of proof for professional misconduct hearings for barristers, is the criminal standard, namely beyond reasonable doubt.  The burden is due to be lowered to the civil standard, namely the balance of probabilities.

The change is subject to approval from the Legal Services Board.  If approved the new standard or proof will apply to alleged misconduct after the 31st March 2019.

The Chair of the Bar Standards Board, Sir Andrew Burns, stated that the change would be “in the public interest”.