More about the Roles
More about the Roles
Applications are invited for the following positions:
| Role | Key Criteria |
| Barrister Members | Practising barristers of not less than seven years standing |
| Clerks | Practising barristers who have completed pupillage |
| Lay Members | Persons who have never been authorised to conduct reserved legal activity (such as barristers or solicitors) |
| King’s Counsel | Members Practising barristers appointed King’s Counsel (not honoris causa) |
Members of the Disciplinary Pool are required to listen to argument, distil the facts and ask questions as necessary to reach a conclusion on the case being brought before them. They will use their common sense and personal experience to make informed and reasoned decisions in conjunction with other members of the panel and, where appropriate, determine the appropriate sanction to be imposed.
Tribunal Clerks support and run the conduct of the proceedings.
Members and Clerks of the Disciplinary Pool will be selected, at random and based on availability, to act at Disciplinary Tribunals and other Hearings which may include:
Disciplinary Tribunals, Fitness to Practise Hearings, Interim Suspension Hearings, Inns’ Conduct Committee Hearings, Appeals against Administrative Sanctions.
Hearings vary in length between half a day and several days. They normally take place between 10.30am and 4.30pm, but can occasionally (and by mutual agreement), last into the early evening.
Members and Clerks of the Disciplinary Pool are likely to be required for hearing panels approx. 5 days per year. Whilst BTAS endeavours to provide as much notice as possible for hearing availability, sometimes hearings are listed with less than three months notice.
Members and Clerks of the Disciplinary Pool are appointed by the TAB for a three year term of office, renewable once subject to satisfactory performance and availability, and continued eligibility for the role (which will include compliance with the ongoing requirement to undertake training as necessary).
All proceedings are governed by the Bar Standards Board’s Handbook. Tribunals and all other hearings (except ICC hearings) take place in accordance with Part 5 of the Handbook (the Enforcement Regulations). ICC hearings are governed by Part 4 of the Handbook (the Qualification Rules) and separate ICC Rules and Guidelines.
Please read the application pack for more information on the role and the competency framework.
Tribunal and Hearing Types
Disciplinary Tribunals
Disciplinary Tribunals for barristers, which consider the most serious allegations of professional misconduct against barristers. There are currently two types of Tribunal – three person panels and five person panels:
- Three person Tribunals are typically chaired by practising barrister KCs, but sometimes the Chair will be a judge. The other panel members consist of a practising barrister and a lay representative.
- Five person Tribunals can last for several days and are usually chaired by a Deputy Circuit Judge. The other panel members consist of two practising barristers and two lay representatives.
The size of Tribunal is determined by the seriousness of the charges. The process and powers of the three or five member Tribunals are the same, except that only a five person Tribunal can suspend a barrister for longer than 12 months or disbar them (so they can no longer practise as barristers). Both Tribunals are able to hear oral evidence and make findings of fact.
Fitness to Practise Hearings
A barrister’s fitness to practise may be brought into question if it appears that he/she has an incapacity due to a medical condition (including an addiction to drugs or alcohol). The Panel must consider whether an individual’s fitness to practise is impaired to such an extent that restrictions on practise are necessary.
Interim Suspension Hearings
Interim Suspension Hearings take place when there is a need to determine whether it is in the public interest for a barrister be immediately suspended, rather than be allowed to continue to practise while arrangements are made for a Disciplinary Tribunal to be convened, hear and determine the outcome of the case.
Inns’ Conduct Committee Hearings
Inns’ Conduct Committee Hearings take place when it is necessary to consider whether an individual is a fit and proper person to be a practising barrister, and typically consider matters such as past criminal convictions or academic misconduct (e.g. plagiarism).
Appeals against Administrative Sanctions
Appeals against Administrative Sanctions imposed directly by the Bar Standards Board are also considered by members of the Disciplinary Pool.