Top barrister Jo Sidhu disbarred over inappropriate sexual behaviour

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By Legal Cheek on

33

Proven allegations involved misconduct towards mini-pupil

Jo Sidhu KC
Jo Sidhu KC

High-profile criminal barrister Jo Sidhu KC has been disbarred today after a disciplinary tribunal found him guilty of professional misconduct over allegations of “inappropriate and unwanted” behaviour late last year.

The former chair of the Criminal Bar Association (CBA) initially faced 15 allegations involving three separate women, each a law student or aspiring barrister undertaking a mini-pupillage at the time.

Legal Cheek previously reported that five of these allegations were struck out during the hearing after the tribunal found no case to answer, while a further seven were deemed not to constitute professional misconduct.

At a hearing today, attended virtually by Sidhu — who wore a dark suit and blue tie — the five-person tribunal heard submissions from both the Bar Standards Board (BSB) and Sidhu’s legal team on the severity of the misconduct.

The panel adjourned for lunch before returning in the afternoon to deliver their decision to disbar Sidhu by a majority verdict of three to two.

The three proven allegations involved an unnamed woman in her 20s. The tribunal found that Sidhu invited her to his hotel room while she was on a mini-pupillage with him, then asked her to stay the night, changed into his pyjamas and created a pillow “barricade” on the bed. This was despite her protests that she wanted to leave the room or sleep on the sofa, she stated in her evidence.

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Sidhu was found to have initiated sexual contact with the woman, referred to only as ‘Person 2’. The tribunal deemed his actions inappropriate given the circumstances, but they did not meet the criminal burden of proof to be classified as unwanted.

In reaching its decision, the tribunal noted that the misconduct occurred in a professional setting and was directed at a person in a vulnerable position, as she was a mini-pupil. The misconduct was deliberate, sexual in nature and involved elements of planning by Sidhu.

In mitigation, the tribunal heard from Sidhu’s barrister, who emphasised his client’s dedication to supporting the criminal bar, particularly through his leadership as CBA chair in opposing legal aid cuts and his efforts to mentor aspiring barristers from underrepresented groups. The tribunal also noted that Sidhu had completed over 80 hours of psychotherapy, with additional medical evidence heard in private.

Sidhu didn’t give evidence during his hearing or call any witnesses, but did submit some 140 pages of character evidence.

Last summer, it was revealed that Sidhu had surrendered his practice certificate and left No5 Barristers Chambers, which he had joined in January 2023

Although he requested a private hearing, the tribunal ruled that it would proceed publicly and that he could be identified.

Commenting on the tribunal’s decision, a spokesperson for the BSB said

“We are grateful to those individuals that made a report and gave evidence, without which the BSB could not have brought proceedings. The BSB recognises how hard it can be to come forward. Conduct of this nature has no place in the profession and the public should not expect this from members of the Bar and this is reflected in the decision of the tribunal to disbar Mr Sidhu.”

The spokesperson continued: “We are committed to eradicating this type of behaviour through taking enforcement action where appropriate. We have also undertaken outreach sessions with the profession on the resources and guidance on bullying and harassment and how to report concerns and we are looking at additional ways to provide support. We would encourage anybody who has experienced similar behaviour by barristers to report this to the BSB.”

The decision is open to appeal.

33 Comments

SP

Ultimately, this was a failed prosecution that had been hyped up by the media. 18 out of the original 28 charges were thrown out by the Judge as unarguable. Another 7 charges were dismissed by the full panel. 2 of the 3 complainants were dismissed completely.

Outraged

Penis in a wig.

Archibald O'Pomposity

IN WHAT WAY DOES THIS NEGATE THE REMAINING AND SUCCESSFUL CHARGES?

Anonymous

Who hurt you? Poor logic too. Go eat a snickers. The issue is not whether the charges are negated but whether the charges found in scale merit the sanction posed. This clearly is an issue for debate.

Casey Jones

I suggest you do your research better. All 3 complainants were believed and at no point did the panel label their allegations as “unarguable”.

1 was dropped on the basis that the behaviour was inappropriate and unwise but not so reprehensible to amount to misconduct.

In a similar vein the panel were particularly shocked by the allegations of 3, stating they had the unfortunate task of having to read the messages. But they ultimately believed this was a relationship over which they, as a professional regulatory body, had no jurisdiction.

That is significantly different from being unarguable or unproved. And if you are a member of the legal profession you should have an eye and acumen for such detail!

Sushi

The BSB prosecuted on the basis of the old standard, beyond reasonable doubt.

Roe Wade

Disproportionate. A suspension would have been fair. To disbar him over a couple of charges – where there is no dishonesty alleged (as far as I am aware) would seem to me the Tribunal wanting to send a message. Makes you wonder also whether his position as Chair of the Criminal Bar Association, campaigning against further cuts to Legal Aid, would have more than a handful of people in certain positions all to readily keen and glad to see the back of him. He may appeal this for all we know!

Doe Cade

Agree – very disproportionate. You will see other barristers who are disbarred after repeated or very serious sexual offending (see the case of Robert Kearney, and yes, each case is different). On a scale of 1/10 this is not the worst. It is plainly obvious that the Tribunal wanted to make an “example” out of him, given his very senior position in the Criminal Bar and show that the Bar Council cares about stopping sexual harassment given that the Bar has been associated with having a very lax attitude to these things (with this criticism being more prevalent in recent news).

The fact he campaigned for greater pay / against cuts in relation to Criminal Legal Aid indeed makes him a man who has done more for the Bar as a whole than most. He even had a stab at politics. He is a successful BAME story from humble origins.

No one is condoning the actions of Mr Sidhu KC – it is clearly to be condemned. And some sort of serious punishment was due (i.e. a lengthy suspension and a hefty fine for example). However in the ultimate scheme of things, this is not a case of serial, repeat offending or a particularly serious type of offence to take away his whole career.

There will be many who do not agree with his stances that are very glad to see the back of him.

Archibald O'Pomposity

The pair of you, trivialising sexual misconduct – you should both be ashamed of yourselves and you should be ejected from the profession.

Anonymous

Come off your sanctimonious high horse. If you can’t tolerate an opinion or degrees of scale, you are unfit for this profession clearly. No one is saying that what he did was appalling. It is whether it is befits being struck off or otherwise. Anyway back to your revision; that Tort exam isn’t going to write itself.

GK

We’re a profession led by cowards and when someone like Sidhu makes one mistake he’s treated like a villain when he’s done more for us in one year than his critics have done in a lifetime at the bar.

Archibald O'Pomposity

Any professional achievements are NOT offset against sexual misconduct. No wonder you remain anonymous, trivialising such abhorrent misconduct.

Anonymous

Of course Archibald you are a beacon of transparency. Get off your sanctimonious high horse.

AC

Pathetic man!

Hmmm

Tricky one. Seemingly a creep but not a criminal. But probably the right decision on balance.

Try to do the right thing

It’s a salutary lesson for us all, in how fragile and quickly brilliant careers can come to a crashing end. DON’T BE A DICK!

Advocate

I heard he was given 25 character references from female mentees.
It is outrageous he has been disbarred, single handedly he had done more for the bar than anybody else. A sad day for the bar… but there’s always the option of an appeal..

Baba Ghanoush

Something tells me he wont be lodging an appeal.

-

Why is the comments section to these type of articles always so disappointing?

Annon

Because the Bar is sadly full of closeted creeps!

Crystal

Well that disproportionate outcome is not going to be thrown out by the High Court at all.

Alan

Who is this guy.

DM

What a harsh decision! I’ve just looked up the bsb sentence guidelines for sexual misconduct though and they are pretty punchy, nothing less than suspension across the board; whatever the offence!

Cowboy

Good riddance . We do not want or need power abuse creeps like this in the Legal Profession . How anyone feels moved to trivialise / mitigate his disgraceful behaviour astounds me.

Delude Ed

I guess his barrister should be ashamed too to try and mitigate his behaivour? Dear me you’d think he was a serial murderer.

Cowboy

No . It’s the ill informed ( either not yet qualified I suspect nor more worryingly already qualified in England and Wales but entrenched in their Jurassic prejudices about women ) posters who are trying to excuse / downplay his abusive power behaviour that I am calling out . I am not critising the barrister mitigating for him as he / they / she / them / etc is doing his / her / they job as all of us who actually do the job well know.

Al

The sentencing guidelines for such offences were revised quite recently. We did get consulted on it; although must confess I can never be bothered to respond to those things.

Disco Stu

Look at how the likes of white male barristers get off relatively leniently compared to this BAME barrister? Quick google says it all really.

Otto

Did you compare outcomes after the recent change in the sanctions for these matters, or did you just ignorantly see discrimination where there was none?

Genital Giles

That was a bit harsh!

Confused

This is now so confusing.

Sleeping with a pupil is fine. Otherwise half the Bar would have never married.

Make a clumsy pass at a mini-pupil who knocks you back gets you disbarred.

So what about a clumsy pass at a pupil? Is that ok or the end of the career?

And what about sleeping with a consenting mini-pupil? Ok or not?

These are such complicated times.

Sushi

There’s nothing confusing about a pupil, mini pupil or paralegal NOT consenting to sexual activity! Trivialising it as a “knock back” is quite different in this case when you consider the circumstances and context of what the barrister was trying to do in a hotel room where the mini pupil was far more vulnerable. We all know of, or have heard of, barristers who dated their pupils – and yes, that includes the very pupil they were supervising! Difference is, there was consent.

Cowboy

Well said Sushi . It’s a bit worrying that people in this day and age can’t or don’t want to recognise the difference and importance of the relationship .

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