Barristers slam tough new disciplinary rules they fear could see them suspended for a year for telling 'crude jokes'

Barristers have slammed tough new disciplinary rules that they fear could see them suspended for a year for telling 'crude jokes'.    

The Bar Tribunal and Adjudication Service has proposed a suspension of at least one year for sexual misconduct, while penalties currently start with a reprimand and a medium-level fine of up to £3,000.

In the past three years, 84 of the 17,500 practising barristers have been sanctioned for professional misconduct, which the tribunal said is a reflection of high standards but could also be due to under-reporting, The Times reported.

The tough new sanctions have attracted mixed responses from barristers, with some welcoming the punishments while others criticised them for being 'disproportionate'.

The Bar Tribunal and Adjudication Service proposed a suspension of at least one year for sexual misconduct, but Inner Temple , an Inn of Court, slammed the sanctions

Although 69 per cent of respondents to a consultation supported the sanctions, two of London's historic Inns of Court, Inner Temple and Gray's Inn, argued they would be 'disproportionate for some less serious types of misconduct', including wolf-whistling or telling a 'crude joke'.

A summary of their objection in a BTAS report read: 'While a starting point of 12-months' suspension was widely accepted and welcomed as being appropriate for serious cases of sexual misconduct, some respondents – including Inner Temple and Gray's Inn – felt that this starting point would be disproportionate for some less serious types of misconduct which might fall within this group, since it could cover a very wide range of behaviour. 

'This could include, for example, telling a crude joke, wolf-whistling, sending a message of a sexual nature on social media, or consensual sexual activity with a partner in a public place.' 

But the bar disciplinary tribunal rejected calls for more lenient sanctions, arguing that 'low level' misconduct should not attract 'lesser sanctions' as they want to uphold 'public trust' in the sector.

Inner Temple and Gray's Inn , criticised the new sanctions as 'disproportionate for less serious types of misconduct', including telling a 'crude joke' or 'wolf-whistling'

BTAS's response read: 'We intend to retain them as set out in the consultation document including the starting point of 12 months suspension for misconduct of a sexual nature and 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. 

'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.'  

Many other groups welcomed the sanctions appropriate for such cases of sexual misconduct, with the Midland Circuit Women's Forum saying serious punishments would 'encourage victims of sexual misconduct to pursue complaints'. 

But the bar disciplinary tribunal rejected calls for more lenient sanctions, arguing that 'low level' misconduct should not attract 'lesser sanctions' (stock image)

Behind the Gown, which campaigns against sexual harassment at the Bar, also welcomed the new punishments and called for barristers to undergo training upon their return to practice.

The group called for requirements to 're-educate and remediate offending barristers', while conditions on practice could be used to prevent 'barristers who have been found to have committed sexual assaults from acting in criminal sexual offences cases'.

The tribunal will be further elaborating on the offences and possible 'exceptional circumstances' to the sanctions. 

The new sanctions are set to come into force from January, with BTAS saying that the rules aim to 'send a clear signal' that sexual misconduct would not be tolerated. 

MailOnline has contacted The Bar Tribunal and Adjudication Service, Inner Temple and Gray's Inn for comment.