Solicitors (Amendment) Act, 1960
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Powers of the Disciplinary Committee as to taking evidence, etc. |
15.—(1) The Disciplinary Committee shall, for the purposes of any inquiry held by them under section 7 of this Act or the consideration of an application under section 9 of this Act, or the taking of further evidence under paragraph (b) of subsection (1) of section 8 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, and | ||
(b) the compelling of the production of documents, | ||
and a summons signed by a member of the Disciplinary Committee 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 of documents. | ||
(2) Where— | ||
(a) a person on being duly summoned to attend before the Disciplinary Committee makes default in attending, or | ||
(b) a person, being in attendance as a witness before the Disciplinary Committee, refuses to take an oath lawfully required by the Disciplinary Committee to be taken, or to produce any document in his power or control lawfully required by the Disciplinary Committee to be produced by him or to answer any question to which the Disciplinary Committee may lawfully require an answer, or | ||
(c) a person, being in attendance before the Disciplinary Committee, does anything which, if the Disciplinary Committee were a court of law having power to commit for contempt, would be contempt of court, | ||
the offence of that person may, by certificate, signed by two members of the Disciplinary Committee, be certified to the High Court and the High Court may thereupon inquire into the alleged offence and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence and any statements that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court. | ||
(3) A witness before the Disciplinary Committee shall be entitled to the same immunities and privileges as if he were a witness before the High Court. |