STATUTORY INSTRUMENT

Supplement to the Sierra Leone Gazette Vol. CXXXVI, No. 4 dated 4^th 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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