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Proceedings and powers of Disciplinary Tribunal

Legal Profession Act 1966

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—(1) The Rules Committee may make rules for regulating the hearing and investigation of matters before or by a Disciplinary Tribunal.(1A) If the members of a Disciplinary Tribunal are unable to reach a unanimous decision on any matter, the matter is to be decided in accordance with the decision of the president of the Disciplinary Tribunal.(2) For the purpose of any complaint or matter heard and investigated by a Disciplinary Tribunal under this Act —(a)the Disciplinary Tribunal may administer oaths; and(b)the Society or the person making the complaint and the regulated legal practitioner to whom the complaint relates and (if so instructed by the Disciplinary Tribunal) the secretary of the Disciplinary Tribunal may sue out subpoenas to testify or to produce documents.(3) No person may be compelled under any such subpoena to produce any document which the person could not be compelled to produce at the trial of an action.(4) The subpoenas mentioned in subsection (2)(b) must be served and may be enforced as if they were subpoenas issued in connection with a civil action in the General Division of the High Court.(5) Any person giving evidence before a Disciplinary Tribunal is legally bound to tell the truth.(6) No fees or other charges are payable for any subpoena sued out by the secretary of the Disciplinary Tribunal under subsection (2)(b).(7) In sections 172, 173, 174, 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Tribunal taking part in any investigation under this section, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include any such investigation as aforesaid.

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