SSDT lowers standard of proof to balance of probabilities

SSDT lowers standard of proof to balance of probabilities

The Scottish Solicitors Discipline Tribunal has lowered the standard of proof in professional misconduct cases.

Following a period of debate and consultation, the SSDT voted to apply the civil standard of proof (balance of probabilities) in all hearings of professional misconduct cases.

This is a change from the existing criminal standard of proof (beyond a reasonable doubt) and brings the standard of proof in professional misconduct cases in line with all other cases before the tribunal.

The SSDT said: “In the context of the ongoing wider reform of legal services, we will be acting to implement the change as soon as practicable.”

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