England: ‘Upskirting’ barrister avoids being struck off
An English barrister convicted of an “upskirting” offence has avoided being struck off because it is not considered a “serious sexual offence”.
A disciplinary tribunal ruled that Daren Timson-Hunt, who previously worked on Brexit-related issues for the UK government, should be suspended for six months.
It said he “behaved in a way which was likely to diminish the trust and confidence which the public places in a barrister or in the profession” by committing an offence under the Voyeurism (Offences) Act 2019.
Mr Timson-Hunt was convicted at Westminster Magistrates Court last September and sentenced to a 24-month community order, including 60 hours of unpaid work.
The tribunal gave its view that though the offence “was a serious one if relatively new”, it is “not a serious sexual offence” in the meaning of the sanctions guidance.
The tribunal added: “It is clear that at the time the respondent was working very hard. He was working on the goods related aspects of Brexit and he told the Tribunal that it was not uncommon for him to work 80 hours per week.
“His wife was ill at the time and she had still not fully recovered. The respondent was subject to domestic pressures. This is how he came to commit the offences and in doing so he jeopardised his career. He lost his job.”
It concluded that the mitigating circumstances included admitting the charges; genuine remorse; it was a single incident; it was in the “heat of the moment”; he was of previous good character; he had unusual personal circumstances that provide a reasonable explanation for the behaviour; and good references.
In these circumstances, the tribunal agreed to a six-month suspension and ordered Mr Timson-Hunt to pay costs of £1,200 to the Bar Standards Board (BSB) within one year.