The Solicitors Disciplinary Tribunal has opened a consultation on replacing the current criminal standard of proof required for proving guilt. The current standard of proof used in disciplinary proceedings before the Tribunal is the criminal standard; in this consultation the Tribunal is inviting views on whether it should instead apply the civil standard, in line with other professional regulators.

The proposed draft rules update the current Solicitiors (Disciplinary Proceedings) Rules 2007. The Tribunal is seeking views on whether the other provisions in the draft rules are fit for purpose.

Edward Nally, President of the Tribunal said: We have been preparing for this update and overhaul of our Rules for some time now. It is a perfect opportunity for us to tackle the question of the appropriate standard of proof to be applied in the future, which I know is a matter of great interest to many commentators and stakeholders. I have said before that we will take the initiative on this, and look forward to the results of the consultation with great interest. My intention is that at the end of the process the new Rules that emerge will be sustainable and clear, providing a solid framework for those engaging with the Tribunal in the future.

A spokesperson for the Law Society of England and Wales said: To help us prepare for this consultation, we sought our members' views on the standard of proof at the Solicitors Disciplinary Tribunal so that we continue to reflect the views of our membership in our policy position.

The consultation document is here. You can also read media coverage of the consultation in the Gazette and in Legal Futures.

The consultation closes on 8 October 2018.