Mr Duncan Maxwell-Stewart

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Barrister Status:
Suspended
Called:
Jul 2007
Inn:
Gray's Inn
Hearing type:
Disciplinary Tribunal (3 person)
Decision date
10/09/2021
Breach details:
Professional misconduct, contrary to Core Duty 5, Rc8, of the Code of Conduct of the Bar England and Wales (9th Edition) Bar Standards Board’s Handbook.
Offence details:

Duncan Maxwell-Stewart, a practising barrister, behaved in a way which was likely to diminish the trust and confidence which the public places in him or in the profession in that on or around the 15 February 2020, whilst on a night out at a bar with Person A, over whom he was in a position of professional seniority and/or authority, he: a. lifted up the hem of Person A’s skirt, all the way up to her hips, revealing her underwear which was covered by her tights b. was in too close proximity to Person A whilst in an upstairs area of a bar and c. untucked Person A’s jumper from her skirt, put his hand up the back of her jumper and messed around with her bra strap. The actions were intentional, the actions were sexually motivated, Person A did not consent to the actions, and Mr. Maxwell-Stewart did not reasonably believe that Person A consented to the actions.

Duncan Maxwell-Stewart, a practising barrister, behaved in a way which could reasonably be seen by the public to undermine his integrity in that on or around the 15 February 2020, whilst on a night out at a bar with Person A, over whom he was in a position of professional seniority and/or authority, he: a. lifted up the hem of Person A’s skirt, all the way up to her hips, revealing her underwear which was covered by her tights b. was in too close proximity to Person A whilst in an upstairs area of a bar and c. untucked Person A’s jumper from her skirt, put his hand up the back of her jumper and messed around with her bra strap. The actions were intentional, the actions were sexually motivated, Person A did not consent to the actions, and Mr. Maxwell-Stewart did not reasonably believe that Person A consented to the actions.

Duncan Maxwell-Stewart, a practising barrister, behaved in a way which was likely to diminish the trust and confidence which the public places in him or in the profession in that on or around the 15 February 2020, whilst on a night out at a bar with Person B, he positioned himself close to her and groped her bottom. This action was intentional, the action was sexually motivated, Person B did not consent to this action, and Mr. Maxwell-Stewart did not reasonably believe that Person B consented to the action.

Duncan Maxwell-Stewart, a practising barrister, behaved in a way which could reasonably be seen by the public to undermine his integrity in that on or around the 15 February 2020, whilst on a night out at a bar, he positioned himself close to her and groped her bottom. This action was intentional, the action was sexually motivated, Person B did not consent to this action, and Mr. Maxwell-Stewart did not reasonably believe that Person B consented to the action.

Sanction:
Suspended from practice for 12 months (sentence came into effect on 2 October 2021)
Costs:
£600.00
Status:
Final