You and the BSB Flashcards
Main relevant core duty
CD9 - You must be open and honest with your regulators
You must:
- Promptly provide all information to the BSB as it may require and notify of material changes
- Comply in due time with decisions imposed by the BSB/tribunals etc.
- Comply with any notice sent by the BSB
- Register within 28 days to undertake youth court work if you didn’t register when applying for a practising cert
Whether or not it relates to you.
rC64, gC92
Documents you are required to disclosed pursuant to rC64 may include documents subject to legal professional privilege. The BSB is entitled to serve you with a notice for the production of the documents. Entitled to withhold documents subject to your own legal privilege.
gC93
Duty to report to yourself to the BSB if:
- Charged with an indictable offence in E&W or an offence of comparable seriousness in any other jurisdiction
- Convicted of or accept a caution for a criminal offence in any jurisdiction other than a minor criminal offence
oBind over not a caution or conviction - You are the subject of disciplinary proceedings
- Bankruptcy proceedings
- Serious misconduct
- Authorisation to practise by another approved regulato
rC65
Bind over
Not a caution or conviction. Therefore no duty to report self to BSB
When you have committed serious misconduct you must take all reasonable steps to mitigate the effects.
gC94
Do not have to disclose spent cautions or convictions
gC94.1
Subject to duty to keep the affairs of each client confidential, must report to BSB if you have reasonable grounds to believe there has been serious misconduct by a barrister.
rC66
Should never threaten to report someone to the BSB without a genuine and reasonably held belief
rC67
No duty to report someone else to BSB if:
- Facts in public domain
- They have already reported it
- LPP
- Advice line
rC68
If you become aware someone else has reported another person.
Still have to report, rC68 doesn’t apply because only applies them having already reported it.
You have committed serious misconduct and facts are in public domain
Still have to report yourself- rC68 does not apply
Meaning of advice lines
gC100
If on advice line should still encourage them to report
gC101
Must not victimise anyone for making a report
rC69
Things constituting serious misconduct (non-exhaustive):
- Dishonesty
- Assault or harassment
- Seeking to gain access without consent to instructions or confidential information
- Seeking to gain access without consent to information relating to someone else in chambers
- Encouraging a witness to give untruthful or misleading evidence
- Knowingly or recklessly misleading or attempting to mislead the court or an opponent
- Being drunk or under the influence of drugs in court
- Failure to report promptly to BSB if disqualification proceedings initiated against you
- Reporting or threatening someone as a litigation tactic
- Conduct posing a serious risk to the public
rC96
First step is to consider the circumstances.
gC97
Duty to report arises when, having considered the circumstances, you have reasonable grounds to believe there has been serious misconduct. You need material before you establishing a reasonably credible case. Then your duty to report arises and it is for the BSB to investigate.
gC98
Misconduct falling short of serious misconduct should be reported to HOLP.
gC102
If unsure whether something is serious misconduct should err on the side of caution and report to the BSB
BSB guidance (erring on side of caution)
Discrimination can be serious misconduct, including victimisation/harassment
BSB guidance (discrimination)
Do not need to report misconduct yourself if you reasonably believe someone else has already done so.
BSB guidance (pupils)
Duty to report if the conduct relates to you personally but BSB will not act without first consulting the person affected. BSB has policy of not taking enforcement action for failing to report discrimination/harassment/victimisation
BSB guidance (duty to report when victimised)
Online form on ‘reporting concerns’ section of BSB website
BSB guidance (how to report)
