Solicitors (Amendment) Act, 1994

Powers of Disciplinary Tribunal as to taking evidence, etc. (section 15 of Act of 1960).

25.—The Act of 1960 is hereby amended by the substitution of the following section for section 15:

Powers of Disciplinary Tribunal as to taking evidence, etc.

15.—(1) The Disciplinary Tribunal shall, for the purposes of any inquiry held by them under section 7 (as substituted by the Solicitors (Amendment) Act, 1994) of this Act or the consideration by them of an application under section 9 of this Act, or the taking by them of further evidence under paragraph (b) of subsection (1) of section 8 (as substituted by the Solicitors (Amendment) Act, 1994) of this Act, have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action, in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise,

(b) the compelling of the production of documents, and

(c) the compelling of the discovery under oath of documents,

and a summons signed by a member of the Disciplinary Tribunal may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production and the discovery under oath of documents.

(2) If a person—

(a) on being duly summoned as a witness before the Disciplinary Tribunal, without just cause or excuse disobeys the summons, or

(b) being in attendance as a witness before the Disciplinary Tribunal, refuses to take an oath or to make an affirmation when legally required by the Disciplinary Tribunal to do so, or to produce or discover under oath any documents (which said word shall be construed in this subsection and in subsection (1) of this section as including things) in his possession or under his control or within his procurement legally required by the Disciplinary Tribunal to be produced or discovered under oath by him, or to answer any question to which the Disciplinary Tribunal may legally require an answer, or

(c) wilfully gives evidence to the Disciplinary Tribunal which is material to their inquiry which he knows to be false or does not believe to be true, or

(d) by act or omission, obstructs or hinders the Disciplinary Tribunal in the performance of their functions, or

(e) fails, neglects or refuses to comply with the provisions of an order made by the Disciplinary Tribunal, or

(f) does or omits to do any other thing which would, if the Disciplinary Tribunal had been the High Court, have been contempt of that Court,

the person shall be guilty of an offence.

(3) A witness before the Disciplinary Tribunal shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

(4) (a) A person guilty of an offence under this section shall be liable—

(i) on conviction on indictment thereof to a fine not exceeding £10,000 or to imprisonment for a term not exceeding two years or to both such fine and such imprisonment, and

(ii) on summary conviction thereof to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months or to both such fine and such imprisonment.

(b) Section 13 of the Criminal Procedure Act, 1967 , shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalties provided for by paragraph (a) (ii) of this subsection, and the reference in subsection (2) (a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.”.