Topic 4- You and your Regulator Flashcards
If you think you may have engaged in misconduct, what is the core duty to uphold?
CD9- duty to be open and cooperative with your regulator
Also, CD5- upholding public trust and confidence
If I have been charged with a summary offence, do I need to report myself to the BSB?
No- rC65.1- eg, speeding
If you are charged with a summary offence, you don’t need to report yourself
However, if it constitutes as serious misconduct, you may need to report yourself
What are the key circumstances where you must report yourself to the BSB under rC65?
Indictable offence
Serious misconduct
What does serious misconduct include under gC96?
Dishonesty
Assault or harassment
Coaching a witness
Knowingly misleading the court
Conduct that poses a serious risk to the public
What are the steps to take for reporting myself to the BSB?
Explanation for the conduct (gC97)
Reasonable grounds to consider it serious misconduct (gC98)
Whether there are any exceptions for reporting myself (rC68)
What are the exceptions for reporting myself to the BSB as per rC68?
It is in the public domain so it would likely come to the attention of the BSB
It has already been reported
Subject to legal professional privilege
What does gC26 say about the duties of CD5, rC8 and CD9?
These duties always apply in private life
Doesn’t matter the context
If other barristers have engaged in serious misconduct with you, are you under a duty to report them?
Yes, as per rC66
If you have lied to your colleagues about something, do I have to report it?
Dishonesty does constitute as serious misconduct under gC96
However, it will depend on the context and circumstances of the dishonesty in deciding whether to report it
If it does not impact your practice or the public’s trust and confidence, this it is possible the BSB won’t have a regulatory interest
Can CD3 be breached through harassment?
Yes, as it lacks integrity
This will constitute serious misconduct as it is harassment (under gC96)
Can CD8 be breached through sexual harassment?
Yes, as per the Reporting Serious Misconduct Guidance Document
Harassment is a type of discrimination
This would also breach CD3 and CD5 as per gC25
