BARRISTER MAGAZINE

BSB implements amendments to widen its powers to protect the public

In June 2023, the BSB issued a consultation document seeking views on proposed changes which would widen the powers of the BSB and of Disciplinary Tribunals to protect the public by restricting or suspending a barrister’s ability to practise on an interim basis. In December 2023, we published a summary of responses to the consultation, and the BSB’s response.

Following approval from the Legal Services Board we have now implemented the following rule changes:

1.) Giving the Disciplinary Tribunal the power to impose interim restrictions on a barrister’s practising certificate, or the withdrawal of practising rights on an interim basis, where a finding of misconduct has been made but the decision on sanction has been deferred to a later date, in order to protect the public and the public interest; and

2.) Extending the powers of the BSB to refer a person to an interim suspension panel, by adding a new ground for referral, where it is “necessary to protect the public or is otherwise in the public interest”.

Sara Jagger, BSB Director of Legal and Enforcement said:

We are pleased that the Legal Services Board has now approved these important changes to our regulatory arrangements, which will enable us to better protect the public and maintain public confidence.” 

The updated BSB Handbook can be accessed here.

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