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.”


