The Financial Reporting Council (FRC) has issued guidance for members of its disciplinary and appeals tribunals.
The FRC's Conduct Committee produced the 20-page guide in relation to the determination of sanctions under the Accountancy Scheme.The guidance is aimed at being relevant to the Executive Counsel and members of the Case Management Committee discharging their respective responsibilities under the scheme.
It outlines the aims and objectives of the FRC's disciplinary scheme and walks readers though key milestones in the process such as the determination, combination of sanctions, reprimands and imposing a direction on a member firm.
The guide aims to 'promote proportionality, clarity, consistency and transparency in decision-making' and "ensure that all parties are aware from the outset of the approach likely to be taken by a tribunal when determining what sanctions to impose'.
Other advice includes determining whether a fine is appropriate and if so, how to determine a fine that is both proportionate and one that is effective as a deterrent to future misconduct.
Other areas covered include waivers and the repayment of client fees, preclusions, exclusions and other sanctions. It also outlines the factors to be taken into account when awarding costs incurred by the FRC.
The guidance is advisory - and not binding on tribunals.
More details are available from the FRC https://frc.org.uk/Our-Work/Publications/Professional-Discipline/Sanctio...