Search

The Sentencing Guidance was developed by the Council of the Inns of Court (COIC) and the Bar Standards Board in 2009. It is designed to promote consistency in the imposition of proportionate sanctions and to assist those who have to pass sentence under the disciplinary processes for breaches of the Code of Conduct of the Bar of England and Wales (namely the Professional Conduct Committee of the BSB and members of COIC's Disciplinary Tribunals).

Please note: From 1 April 2011, as a consequence of the Legal Services Act 2007, the BSB's regulatory arrangements were changed and no longer include powers of "redress". In practice, this means that a Disciplinary Tribunal can no longer order a defendant to forgo or refund fees, or order an apology. Additionally, the jurisdiction to deal with outstanding issues of inadequate professional service has been transferred from the BSB to the Legal Ombudsman.

The Guidance has yet to be amended to reflect these changes, and therefore still contains reference to sanctions involving redress and issues of inadequate professional service. COIC intend to issue a revised set of Guidance later in the year.