Solicitors (Amendment) Act, 2002
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Inquiry into alleged misconduct by apprentice. |
19.—(1) The Society may make an application to the Disciplinary Tribunal to hold an inquiry into alleged misconduct by an apprentice. | |
(2) (a) On such an application the Disciplinary Tribunal, before deciding whether there is a prima facie case for inquiry, shall— | ||
(i) send a copy of the application and of any accompanying documents to the apprentice, and | ||
(ii) request that any observations which he or she may wish to make on the application be supplied within a specified period. | ||
(b) If, after receipt of the apprentice's observations or on the expiration of the specified period, the Disciplinary Tribunal find that there is no prima facie case for inquiry, they shall so inform the apprentice and the Society and take no further action in relation to the application. | ||
(3) If the Disciplinary Tribunal find that there is a prima facie case for inquiry, the following provisions shall have effect: | ||
(a) they shall proceed to hold an inquiry and notify the apprentice and the Society of the date on which it is to be held; | ||
(b) when holding the inquiry under this section the Disciplinary Tribunal shall— | ||
(i) consider each allegation of misconduct made against the apprentice, and | ||
(ii) make a separate finding in respect of each such allegation; | ||
(c) if the Disciplinary Tribunal find that there has been no misconduct on the part of the apprentice, they shall take no further action in relation to the matter and so inform the apprentice and the Society; | ||
(d) if the Disciplinary Tribunal find that there has been such misconduct, they shall notify the apprentice and the Society of their finding and shall specify in a report (which shall include a verbatim note of the evidence given and submissions made) to the High Court— | ||
(i) the nature of the application and the evidence laid before them, | ||
(ii) the finding made on each allegation of misconduct and the reasons therefor, | ||
(iii) any other matters in relation to the apprentice which they may think fit to report, | ||
(iv) their opinion as to the fitness of the apprentice, having regard to their finding or findings, to be admitted as a solicitor either at any time or until the apprentice has satisfied the Society or the President of the High Court as to such fitness. | ||
(4) (a) The apprentice may appeal to the High Court against a finding of the Disciplinary Tribunal that there has been misconduct on his or her part within 21 days of the receipt by him or her of written notification of the finding. | ||
(b) The Society may appeal to the High Court— | ||
(i) against a finding of the Disciplinary Tribunal that there is no prima facie case for inquiry into the conduct of the apprentice, or | ||
(ii) against a finding of the Disciplinary Tribunal that there has been no misconduct on the part of the apprentice in relation to an allegation of misconduct (whether or not there has been a finding of misconduct by the Disciplinary Tribunal in relation to any other such allegation), | ||
within 21 days of the receipt by the Society of written notification of the finding. | ||
(c) The High Court may make such order on an appeal under this subsection as it thinks fit. | ||
(5) The High Court, on consideration of the report of the Disciplinary Tribunal, may by order— | ||
(a) declare that the apprentice is or is not a fit and proper person to be admitted as a solicitor, and | ||
(b) make such other provision in relation to the matter as it may think just, including provision for review of its order on application to the President of the High Court by the Society or the apprentice. | ||
(6) The Disciplinary Tribunal shall have such of the powers given to them under the Solicitors Acts, 1954 to 2002, as are necessary to enable them to perform the functions conferred on them by this section. | ||
(7) In this section, “misconduct” means— | ||
(a) the commission of an offence under section 55, 56 or 58 of the Principal Act or of an arrestable offence (within the meaning of the Criminal Law Act, 1997 ), | ||
(b) conduct outside the State which constitutes an offence under the law of the jurisdiction concerned and which, if that conduct took place within the State, would constitute an arrestable offence (within that meaning), or | ||
(c) any other conduct which, if engaged in by a solicitor, would tend to bring the solicitors' profession into disrepute. |