The Bar Standards Board is seeking to widen its powers to include imposing interim restrictions on a barrister’s practising certificate. 

Barrister wig

Source: iStock

The proposed amendments, subject to approval by the Legal Services Board, include extending the powers of the BSB to refer a person to an interim suspension panel by adding a new ground for referral which will cover public protection or public interest.

The change also includes giving the disciplinary tribunal the power to impose interim restrictions on a barrister’s practising certificate or the withdrawal of practising rights on a interim basis, where a finding of misconduct has been made but the decision on sanction has been deferred.

If the LSB approves the changes, decided upon following a consultation earlier this year, the changes will come into force in 2024.

The consultation received four responses, which included the Bar Council, Legal Services Consumer Panel (LSCP) and two barristers. All respondents agreed the regulator’s proposed rule changes and, the BSB said, their ‘suggested amendments have been adopted in the new rules’.

Within the BSB’s consultation response, the regulator said: ‘The BSB aims to implement these changes as soon as possible once the Legal Services Board approves them, in recognition of the gap and potential harm to the public. The BSB will monitor the use of these new powers to keep track of the potential impacts on both barristers and consumers. Our monitoring of the impacts of these powers will include barristers and their clients.'

 

This article is now closed for comment.