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Standard of proof applied by the SDT - your views
We have published a summary of responses following our discussion paper on the standard of proof applied by the Solicitors Disciplinary Tribunal (SDT). 40 solicitors responded, with 37 in favour of retaining the criminal standard of proof.
Solicitors said that the serious consequences of cases and the current high prosecution success rate are good reasons for facts to be established 'beyond reasonable doubt' in the SDT.
Respondents rejected a like-for-like comparison with other professions because solicitors are regulated differently.
The three respondents who supported a change to a lower standard of proof said it was in the public interest for facts to be established 'on the balance of probabilities', and this would bring solicitors into line with other professions.
The Law Society is the representative body for solicitors, speaking in the collective interest of the profession. We will present our members’ views on this important issue when the SDT publishes its consultation.
Email us with any additional points or comments.