The bar disciplinary tribunal has rejected calls for more lenient sanctions against barristers who commit sexual misconduct, saying that public trust in the profession must be maintained. Reports the UK Law Gazette
Responding to the tribunal’s sanction review, some stakeholders – including Inner Temple and Gray’s Inn – said that a starting point of 12-months’ suspension for sexual misconduct was ‘disproportionate’ for less serious types of behaviour.
‘This could include, for example, telling a crude joke, wolf-whistling, sending a message of a sexual nature on social media, or consensual sexual activity with a partner in a public place,’ they said. At the moment, sexual misconduct penalties start at a reprimand and a medium-level fine of up to £3,000.
One respondent suggested that sexual comments which fall short of being grossly offensive should not be dealt with in the ‘misconduct of a sexual nature’ bracket at all, unless the conduct is connected to the barrister’s professional life. Another respondent said that setting a starting point of 12 months’ suspension for all cases involving misconduct of a sexual nature was ‘virtue signalling’.
However, the Bar Tribunal and Adjudication Service (BTAS) said that ‘given the broad support for the proposed ranges’ it intends to retain the starting point of 12 months’ suspension for misconduct of a sexual nature, along with discrimination and harassment.
‘We recognise these bands cover a wide range of types of conduct, but we cannot agree that what is termed “low level” misconduct in some of the responses should attract lesser sanctions,’ it said.
Read full article at https://www.lawgazette.co.uk/news/bar-refuses-to-back-down-on-sexual-misconduct-sanctions-/5109452.article?utm_source=gazette_newsletter&utm_medium=email&utm_campaign=Bar+rejects+calls+for+lenient+sanctions+%7c+Fraud+cases+clog+Crown+court+%7c+No+room+on+press+bench_08%2f04%2f2021
