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Referral to Disciplinary Tribunal and suspension of practising certificates

Legal Profession Act 1966

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—(1) Upon an application to a Judge by the Attorney-General or the Council, or on the hearing by a Judge of an application made under section 27A, the Judge may —(a)where the Judge is satisfied that cause of sufficient gravity for disciplinary action against a solicitor exists —(i)request the Society under section 85(3)(b) to refer the matter to a Disciplinary Tribunal unless the matter had been or is being dealt with under Part 7 or is to be dealt with under section 94A; and(ii)order that the solicitor’s current practising certificate be suspended; or(b)order that a solicitor’s current practising certificate be suspended, if —(i)the solicitor’s fitness to practise has been determined under section 25C to be impaired by reason of the solicitor’s physical or mental condition;(ii)the solicitor, having been ordered by a Judge to submit to a medical examination under section 25C to be conducted within such period as the Judge may specify in the order, fails to do so; or(iii)the Judge is satisfied that the solicitor is incapacitated by illness or accident, or by the solicitor’s physical or mental condition, to such extent as to be unable to attend to the solicitor’s practice.(1A) [Deleted by Act 40 of 2014](2) Any application by the Attorney-General or the Council under subsection (1) must be made by originating summons which must be served on the solicitor.(3) Where the Attorney-General or the Council makes an application under subsection (1), the Judge has, in addition to his or her powers under that subsection, the powers exercisable by the Judge under section 27A.(4) If, in a case where a Judge has made an order under subsection (1)(a)(ii) suspending a solicitor’s current practising certificate —(a)the Disciplinary Tribunal determines under section 93(1)(a) that no cause of sufficient gravity for disciplinary action against the solicitor exists under section 83 or determines under section 93(1)(b) that the solicitor should be reprimanded;(b)the application made against the solicitor under section 98(1) is withdrawn or dismissed; or(c)an order has been made under section 98 that the solicitor be struck off the roll, suspended from practice or censured, or that the solicitor pay a penalty,the suspension of the practising certificate of the solicitor terminates immediately.(5) Nothing in subsection (4) is to be construed as affecting the power of the court of 3 Supreme Court Judges to suspend a solicitor from practice on an application under section 98(1).(6) Where the suspension of the practising certificate of a solicitor under this section has terminated by reason only of the expiry of the solicitor’s current practising certificate and not by reason of the occurrence of any of the events mentioned in subsection (4), the solicitor must not apply for another practising certificate until any of the events mentioned in subsection (4) has occurred; and if a practising certificate has been issued to the solicitor, that certificate ceases to be in force.(7) No appeal lies from any order made by a Judge under this section.

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