High Court Judge describes sanction as an ‘appeal against sentence’

In a recent appeal against a decision of the Solicitors Disciplinary Tribunal, the Judge began by describing the process as an ‘appeal against sentence’. Although this was an introductory remark, no doubt intended to set the scene, it flys in the face of a long line of judicial authority that distinguishes disciplinary proceedings from criminal allegations, and ignores the fundamental difference in approach in the two jurisdictions.

Originally posted 2013-11-21 00:00:00.