Part 63
References by the Attorneys Disciplinary Committee
Contents of this Part
| Scope of this Part | Rule 63.1 |
| Reference to the court | Rule 63.2 |
| Record of Proceedings before committee | Rule 63.3 |
| Entry of alterations on roll | Rule 63.4 |
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| Scope of this Part 63.1 (1) This Part deals with the procedure by which a recommendation by the Attorney's Disciplinary Committee that an attorney-at-law shall be suspended from practice or removed from the Roll may be dealt with by the court. (2) In this Part - "the Act" means the Legal Profession Act 1986, No 21 of 1986; "the committee" means the disciplinary Committee established under section 36 of the Act; "the court" means a full court of three judges; and "the roll" means the Roll of attorneys-at-law kept under section 13 of the Act. Reference to the court 63.2 (1) On receiving the copy of the proceedings of the committee forwarded to him under section 39(3) of the Act, the Attorney General may apply for an order under section 41(1) of the Act. (2) The application must be by fixed date claim and must have attached to it a copy of the proceedings and findings of the committee but it shall not be necessary to serve with the claim form any statement of case or evidence. (3) The Attorney General must file three further copies of the proceedings and findings of the committee for use by the court. (4) There shall be no first hearing of the claim but the court office must fix a date time and place for the hearing of the application and endorse details of the hearing on the claim form prior to service. Record of proceedings before committee 63.3 The evidence taken and all documents admitted at the inquiry before the committee may be used before the court; no further evidence may be produced without the permission of the court. Entry of alterations on roll 63.4 The person responsible for keeping the roll must make any alterations required by the court's order. |