Law Officers' Department adviser suspended in UK over sexual misconduct allegation

Monday 13 January 2020

A Senior Legal Adviser in Jersey’s Law Officers’ Department has been suspended from practising in England following an allegation of sexual misconduct from a law student he was helping, it has emerged.

Sam Brown was suspended for six months in November after the Bar Tribunals and Adjudication Service in England ruled that, in 2016, he engaged in unwanted sexual conduct with an aspiring female barrister whilst in a taxi. He has always denied the allegation.

The Law Officers’ Department (LOD) has not confirmed whether it had knowledge of the allegation when he was recruited in 2017, or if his current role will be affected by the ruling, but did state that he is “not currently at work".

Pictured: The Law Officers' Department has confirmed that Mr Brown is "not currently at work".

Four charges of professional misconduct were brought against Mr Brown by the Bar Standards Board (BSB) – a regulatory body which manages and actions complaints against UK barristers – after the woman filed her complaint, on 6 July 2017.

The BSB then acted as ‘prosecutors’ in the case when it was brought before The Bar Tribunals and Adjudication Service – a specialised panel chaired by a senior Judge, who hears all the evidence before making a ruling. 

The Tribunal sat between 20 and 22 November last year and a version of their ruling, edited to protect the anonymity of the complainant, was approved for publication on 19 December 2019.

During the hearing, the Tribunal heard evidence from the complainant, Mr Brown and several other witnesses. 

Pictured: A London-based Tribunal made the ruling on Mr Brown's case. (Google Maps)

Both the complainant and Mr Brown agreed that he had been “assisting the complainant in relation to her future career in October 2016”, and that they met in person twice in November 2016 – meetings described as “two long drinking sessions”. 

The complainant gave evidence that Mr Brown had touched her inappropriately whilst they were sharing a taxi ride on 23 November 2016 – an allegation he has always denied.

The Tribunal heard that the woman “told her tutor soon after” about the incident, but the formal complaint wasn’t filed until the following July.

Commenting on Mr Brown’s evidence, the Tribunal Chairman noted: “We recognise that Sam Brown has been under considerable emotional and professional pressure since early July 2017 when these charges were first intimated to him.” 

The ruling then went on to describe certain parts of his evidence as “unconvincing”.

Pictured: Both the complainant and Mr Brown gave evidence before the Tribunal.

“We believe that Sam Brown did give the complainant some appropriate assistance with her wish to become a barrister, particularly by email advice and by an advocacy exercise. The two face-to-face meetings that involved excessive alcohol consumption were of no assistance to her in that regard,” the Tribunal stated.

Having considered all the evidence in the case, the Tribunal reached a majority decision that the BSB had proved two of the four charges brought against Mr Brown “to the required criminal standard” and, dismissing the other two charges, imposed a six-month suspension as penalty. 

This means that Mr Brown cannot give legal advice during this period.

However, the LOD have declined to comment on what ramifications, if any, there will be for Mr Brown’s senior position in Jersey. 

When asked for their policy on employees facing disciplinary action in other jurisdictions, a spokesperson simply stated: “All disclosures regarding previous disciplinary actions would be reviewed on a case by case basis in relation to the role.”

Commenting on the order to temporarily suspend the barrister, a BSB spokesperson said: “The BSB recognises the difficulty of coming forward with an allegation of this nature and is committed to taking action where it is appropriate. Our decision to bring charges of professional misconduct against Mr Brown reflects this and the seriousness with which the BSB takes reports like this”. 

The Tribunal’s decision is open to appeal.

Pictured top: Morier House where the Law Officers' Department is based.