Topic 4- You and your Regulator

Question 1

If you think you may have engaged in misconduct, what is the core duty to uphold?

Answer 1

CD9- duty to be open and cooperative with your regulator

Also, CD5- upholding public trust and confidence

Question 2

If I have been charged with a summary offence, do I need to report myself to the BSB?

Answer 2

No- rC65.1- eg, speeding

If you are charged with a summary offence, you don’t need to report yourself

However, if it constitutes as serious misconduct, you may need to report yourself

Question 3

What are the key circumstances where you must report yourself to the BSB under rC65?

Answer 3

Indictable offence

Serious misconduct

Question 4

What does serious misconduct include under gC96?

Answer 4

Dishonesty
Assault or harassment
Coaching a witness
Knowingly misleading the court
Conduct that poses a serious risk to the public

Question 5

What are the steps to take for reporting myself to the BSB?

Answer 5

Explanation for the conduct (gC97)

Reasonable grounds to consider it serious misconduct (gC98)

Whether there are any exceptions for reporting myself (rC68)

Question 6

What are the exceptions for reporting myself to the BSB as per rC68?

Answer 6

It is in the public domain so it would likely come to the attention of the BSB

It has already been reported

Subject to legal professional privilege

Question 7

What does gC26 say about the duties of CD5, rC8 and CD9?

Answer 7

These duties always apply in private life

Doesn’t matter the context

Question 8

If other barristers have engaged in serious misconduct with you, are you under a duty to report them?

Answer 8

Yes, as per rC66

Question 9

If you have lied to your colleagues about something, do I have to report it?

Answer 9

Dishonesty does constitute as serious misconduct under gC96

However, it will depend on the context and circumstances of the dishonesty in deciding whether to report it

If it does not impact your practice or the public’s trust and confidence, this it is possible the BSB won’t have a regulatory interest

Question 10

Can CD3 be breached through harassment?

Answer 10

Yes, as it lacks integrity

This will constitute serious misconduct as it is harassment (under gC96)

Question 11

Can CD8 be breached through sexual harassment?

Answer 11

Yes, as per the Reporting Serious Misconduct Guidance Document

Harassment is a type of discrimination

This would also breach CD3 and CD5 as per gC25

Question 12

If you don’t report serious misconduct of a colleague, what may this amount to?

Answer 12

This may amount to serious misconduct, you must report if you believe it to be serious misconduct

Question 13

When going through the stages of determining misconduct, what should be stated in the circumstances section?

Answer 13

THE circumstances

Eg, the reasons why you believe there has been serious misconduct

Question 14

What must you do if you and your colleagues have been convicted of assault?

Answer 14

Must report your colleagues to the BSB (if indictable)

Must report yourself to the BSB

CD9- be open with regulator

Question 15

When will the BSB have a “regulatory interest” in conduct that is in your private life?

Answer 15

Where it may risk breaching CD3 or CD5

If you have acted in a way that diminishes the public trust and confidence

Or if it impacts your practice in any way

Question 16

Does the victim of misconduct have a duty to report to the BSB?

Answer 16

Although they should report it, they don’t have a duty to do so

The BSB won’t take action if they don’t

NEED TO MENTION THIS IF IT COMES UP