There have been calls for more lenient sanctions against barristers who commit sexual misconduct as some associates such as 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.
The official guidance on sanctions says that “inappropriate sexual conduct in a professional context” that doesn’t involve a criminal conviction should normally be punished by a fine or short suspension.
Compare that to a finding of dishonesty against a barrister: the starting point there is disbarment, unless there are “clear mitigating factors”. Sexual misconduct — even if punished with a criminal conviction — only attracts the same default sanction if it leads to jail time.
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.
‘Sanctions imposed by tribunals can only follow a finding of professional misconduct, which by definition means the proved misconduct was considered to be serious. If conduct falling within these groups has reached this stage of the disciplinary process, then our view remains that it should attract a serious sanction if public trust and confidence in the profession is to be maintained.’
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