Code of Conduct for Barristers

h2q (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to General Council of the Bar
This authority is not subject to FOI law, so is not legally obliged to respond (manylion).


Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

Mae'r ymateb i'r cais hwn yn hwyr iawn. Although not legally required to do so, we would have expected General Council of the Bar to have responded by now (manylion). Gallwch gwyno drwy yn gofyn am adolygiad mewnol.

h2q (Ataliwyd y cyfrif)

Dear General Council of the Bar,

I made a similar request a few days ago of you but it has disappeared from the web-site. Please send me a link to the code of conduct particularly where a barrister should declare his conflict of interest as well as refuse to accept instructions where their client is perverting the course of justice or abusing authority.

Please also let me know whether there is a similar code for prosecutors i.e. that they are not to prosecute where such prosecutions defeat the ends of justice & result in unsafe convictions & also provide me with link to the same.

Yours faithfully,

C Nazareth

privacy, General Council of the Bar

2 Atodiad

Dear C Nazareth

 

The General Council of the Bar is not subject formally to the Freedom of
Information Act as we are not a public authority as outlined in Schedule 1
of the Act; however, we endeavour to respond to such requests within the
spirit of the Act, in the interests of transparency.

 

This is the first time we have received this request from you.

 

Here is the link to the BSB Handbook which includes the Code of Conduct
[1]https://www.barstandardsboard.org.uk/for...

 

For your specific query about conflict of interest and perverting the
course of justice, please see “Rule C21 – accepting instructions” in the
BSB Handbook.
[2]https://www.barstandardsboard.org.uk/the...

 

If you require a more specific answer than this, please complete the form
at this page
[3]https://www.barstandardsboard.org.uk/ask...

 

We do not publish any guidance for prosecutors, but you might want to try
the Attorney General’s office. We believe they do have such guidance.

 

Yours sincerely

 

Hilary Pook

Data Protection Officer

The Bar Council

289-293 High Holborn

London WC1V 7HZ

Direct Line: 020 7611 1398

Switchboard: 020 7242 0082

Web: [4]www.barcouncil.org.uk

Web: [5]www.barstandardsboard.org.uk

 

 

            

 

From: h2q <[FOI #730325 email]>
Sent: 21 February 2021 17:19
To: privacy <[email address]>
Subject: Freedom of Information request - Code of Conduct for Barristers

 

Dear General Council of the Bar,

I made a similar request a few days ago of you but it has disappeared from
the web-site. Please send me a link to the code of conduct particularly
where a barrister should declare his conflict of interest as well as
refuse to accept instructions where their client is perverting the course
of justice or abusing authority.

Please also let me know whether there is a similar code for prosecutors
i.e. that they are not to prosecute where such prosecutions defeat the
ends of justice & result in unsafe convictions & also provide me with link
to the same.

Yours faithfully,

C Nazareth

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References

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h2q (Ataliwyd y cyfrif)

Dear Bar Council,

It seems that you have yet to provide the complete information about the code of conduct for barristers. The code you have provided is edited to suit your agenda because you make your story as you go along.
Are you able to provide a history / track of the edits too?

Moreover, you have not provided the code for prosecutors who are barristers too,

Yours sincerely,

C Nazareth

privacy, General Council of the Bar

2 Atodiad

Dear C Nazereth

 

In answer to your queries below:

 

The previous versions of the BSB Handbook are available on the website at:
[1]https://www.barstandardsboard.org.uk/for...

 

As I said in my previous email, we do not publish any guidance for
prosecutors. I cannot provide what we do not have.

 

Yours sincerely

 

Hilary Pook

Data Protection Officer

The Bar Council

289-293 High Holborn

London WC1V 7HZ

Direct Line: 020 7611 1398

Switchboard: 020 7242 0082

Web: [2]www.barcouncil.org.uk

Web: [3]www.barstandardsboard.org.uk

 

 

            

 

From: h2q <[FOI #730325 email]>
Sent: 26 February 2021 17:42
To: privacy <[email address]>
Subject: RE: Freedom of Information request - Code of Conduct for
Barristers (2020BSB024)

 

Dear Bar Council,

It seems that you have yet to provide the complete information about the
code of conduct for barristers. The code you have provided is edited to
suit your agenda because you make your story as you go along.

Are you able to provide a history / track of the edits too?

Moreover, you have not provided the code for prosecutors who are
barristers too,

Yours sincerely,

C Nazareth

dangos adrannau a ddyfynnir

h2q (Ataliwyd y cyfrif)

Dear privacy,

You have sent 2 copies of the same link in your reply
https://www.barstandardsboard.org.uk/for...
to appear transparent. I can find nothing relating to perversion of the course of justice by barristers / prosecutors contrary to your claims in the links you provide. Please confirm that this is the present rule as it applies to conflict of interests.

RC21
You must not accept instructions to act in a particular matter if:
1 due to any existing or previous instructions you are not able to fulfil your obligation to act in the best interests of the prospective client; or
2 there is a conflict of interest, or real risk of conflict of interest, between your own personal interests and the interests of the prospective client in respect of the particular matter; or
3 there is a conflict of interest, or real risk of conflict of interest, between the prospective client and one or more of your former or existing clients in respect of the particular matter unless all of the clients who have an interest in the particular matter give their informed consent to your acting in such circumstances;
I find that the above is not sufficient. Is there no rule that a conflicted, compromised & prejudiced barrister should not accept instructions where doing so would be further victimization & perversion of the course of justice or are you concealing the same from the public? There are rules as far as I am aware about such barristers not accepting instructions or being stopped from conducting litigation where their biases become apparent (provided the judiciary is not prejudiced itself). Once again therefore I will ask you to make a complete disclosure about the rules relating to prejudice, conflict of interest, dishonesty, perjury & perversion of justice. Also I have found an interesting link about harassment during investigations.

https://www.barstandardsboard.org.uk/upl...
Please confirm that whether this is still a pilot scheme & if it relevant to sexual harassment only. From the outset it appears that such support is not available to all barristers. Please also disclose if there are any rules against harassment by staff of the Bar Standards Board itself.

Yours sincerely,

C Nazareth

privacy, General Council of the Bar

2 Atodiad

Dear C Nazareth

 

Rule RC21 is as stated on the website at
[1]https://www.barstandardsboard.org.uk/the...

 

There is guidance to this rule which displays under – GC69.

 

All the rules are set out in the BSB Handbook on the website. There is
nothing for me to disclose.

 

If you need further guidance, please contact us by filling in the contact
form at
[2]https://www.barstandardsboard.org.uk/ask...

 

 

Yours sincerely

 

Hilary Pook

Data Protection Officer

The Bar Council

289-293 High Holborn

London WC1V 7HZ

Direct Line: 020 7611 1398

Switchboard: 020 7242 0082

Web: [3]www.barcouncil.org.uk

Web: [4]www.barstandardsboard.org.uk

 

 

            

 

From: h2q <[FOI #730325 email]>
Sent: 05 March 2021 08:08
To: privacy <[email address]>
Subject: RE: Freedom of Information request - Code of Conduct for
Barristers (2020BSB024)

 

Dear privacy,

You have sent 2 copies of the same link in your reply

[5]https://www.barstandardsboard.org.uk/for...

to appear transparent. I can find nothing relating to perversion of the
course of justice by barristers / prosecutors contrary to your claims in
the links you provide. Please confirm that this is the present rule as it
applies to conflict of interests.

RC21

You must not accept instructions to act in a particular matter if:

1 due to any existing or previous instructions you are not able to fulfil
your obligation to act in the best interests of the prospective client; or

2 there is a conflict of interest, or real risk of conflict of interest,
between your own personal interests and the interests of the prospective
client in respect of the particular matter; or

3 there is a conflict of interest, or real risk of conflict of interest,
between the prospective client and one or more of your former or existing
clients in respect of the particular matter unless all of the clients who
have an interest in the particular matter give their informed consent to
your acting in such circumstances;

I find that the above is not sufficient. Is there no rule that a
conflicted, compromised & prejudiced barrister should not accept
instructions where doing so would be further victimization & perversion of
the course of justice or are you concealing the same from the public?
There are rules as far as I am aware about such barristers not accepting
instructions or being stopped from conducting litigation where their
biases become apparent (provided the judiciary is not prejudiced itself).
Once again therefore I will ask you to make a complete disclosure about
the rules relating to prejudice, conflict of interest, dishonesty, perjury
& perversion of justice. Also I have found an interesting link about
harassment during investigations.

[6]https://www.barstandardsboard.org.uk/upl...

Please confirm that whether this is still a pilot scheme & if it relevant
to sexual harassment only. From the outset it appears that such support is
not available to all barristers. Please also disclose if there are any
rules against harassment by staff of the Bar Standards Board itself.

Yours sincerely,

C Nazareth

dangos adrannau a ddyfynnir