The Legal Practitioners (Disciplinary Proceedings) Rules, 2005
STATUTORY INSTRUMENT
Supplement to the Sierra Leone Gazette Vol. CXXXVI, No. 4 dated 4th August, 2005
THE LEGAL PRACTITIONERS (DISCIPLINARY PROCEEDINGS) RULES, 2005
ARRANGEMENT OF RULES
Rule
PART I – PRELIMINARY
1. Interpretation
PART II – PRELIMINARY INVESTIGATION
2. Committee’s power of investigation
3. Offences against discipline
4. Preliminary determination
5. Committee may require explanation
PART III – FILING OF CHARGES
6. Formulation of charges
7. Appearance of legal practitioner before Committee
8. Answer to charges
PART IV – HEARING BY COMMITTEE
9. Evidence
10. Adjournment of hearing
11. Hearing in the absence of accused
12. Power to summon witnesses, etc.
13. Evidence on oath or affirmation
14. Offence of perjury
15. Record of proceedings
16. Appeal as of right
PART V – MISCELLANEOUS PROVISIONS
17. Expenses of witnesses
18. Service of witness summonses
In exercise of the powers conferred upon it by section 32 of the Legal Practitioners Act, 2000, the General Legal Council hereby makes the following Rules: -
PART I – PRELIMINARY
1. In these Rules, unless the context otherwise requires: -
“Committee” means the Disciplinary Committee referred to in section 6 of the Act;
“complaint” includes a disciplinary matter referred to in paragraph (a) of subrule (1) of rule 2;
“Council” means the General Legal Council established by section 2 of the Act;
“offence against discipline” means an offence referred to in rule 3.
PART II – PRELIMINARY INVESTIGATION
2. (1) The Committee may investigate any –
(a) Disciplinary matter referred to it by the Council under paragraph (e) of subsection (2) of section 4 of the Act; or
(b) Complaint sent to it by a complainant under subsection (1) of section 31 of the Act
(2) Pursuant to subsection (2) of section 31 of the Act every complaint shall be supported by an affidavit setting out the facts on which the complaint is based.
3. Subject to these Rules, a legal practitioner commits an offence against discipline, if he commits one or more of the acts of unprofessional, dishonourable or unworthy conduct set out in section 38 of the Act.
4. Where a complaint is received from which it appears to the Committee that a legal practitioner may have committed an offence against discipline, the matter shall be investigated by the Committee as soon as practicable in order to determine whether to hold an inquiry into the complaint
5. For the purposes of rule 4, the Committee shall, as soon as practicable, inform the legal practitioner in writing of the complaint and give him a written notice –
(a) Informing him that he is not obliged to say anything concerning the matter, but that he is not obliged to say anything concerning the matter, but that he may, if he so desires, make a written or oral statement concerning the matter to the Committee within fourteen days;
(b) Warning him that if he makes such a statement, it may also be used in any subsequent disciplinary proceedings; and
(c) Of any account or statement of a witness concerning the complaint, including the affidavit referred to in subrule (2) or rule 2.
PART III – FILING OF CHARGES
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