Legal Services Regulation Act 2015

81.

Inquiry by Disciplinary Tribunal

81.  (1) Where the Disciplinary Tribunal receives an application referred to in section 77 for the holding of an inquiry, it shall arrange a date for the hearing and notify in writing the legal practitioner and the Authority.

(2) An inquiry under this section shall be conducted by way of oral hearing and, subject to subsection (3), shall be heard in public.

(3) Where the Disciplinary Tribunal is satisfied that it is necessary to do so in the interests of justice, it may direct that the hearing of the inquiry or any part thereof be held otherwise than in public.

(4) The legal practitioner concerned and the Authority may be represented at any hearing before the Disciplinary Tribunal by a legal practitioner.

(5) Witnesses appearing before the Disciplinary Tribunal shall give evidence on oath or on affirmation.

(6) The legal practitioner concerned and the Authority shall have an opportunity to examine every witness giving evidence to the Disciplinary Tribunal.

(7) If the Tribunal considers that, for the purposes of the inquiry, it requires the advice or assistance of an expert in respect of any matter, it may, subject to such terms and conditions as it may determine, appoint such number of persons having expertise in relation to the matter concerned as it considers necessary to provide it with such advice or assistance.

(8) Having conducted the inquiry, the Disciplinary Tribunal shall make a determination whether or not, on the basis of the evidence properly before it, each act or omission to which the inquiry relates constitutes misconduct and, in that event, make a determination as to whether the issue of sanction should be dealt with pursuant to subsection (1) or (2) of section 82 .

(9) A determination referred to in subsection (8) shall—

(a) be in writing,

(b) specify the reasons for the determination,

(c) specify the sanction (if any) to be imposed pursuant to section 82(1) or recommended under section 82(2) , and

(d) be notified to the legal practitioner, and the Authority.