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Legal Practitioners (Amendment) Act 2003

SOLOMON ISLANDS

THE LEGAL PRACTITIONERS (AMENDMENT) ACT 2003
(NO 2 OF 2003)

Passed by the National Parliament this fourteenth day of July 2003.

This print impression has been carefully compared by me with the Bill passed by Parliament and found by me to be a true and correct copy of the said Bill

Taeasi Sanga (Mrs)
Clerk to Parliament

Assented to in her Majesty’s name and on Her Majesty’s behalf this nineteenth day of August 2003.

Rev. John Ini Lapli
Governor - General

Date of commencement: date of publication in the Gazette.

___________

No. 2 of 2003

AN ACT TO AMEND THE LEGAL PRACTITIONERS ACT, CAP. 16.

ENACTED by the National Parliament of Solomon Islands.

Short title

1. This Act may be cited as the Legal Practitioners (Amendment) Act 2003.

Repeal and replacement of section 8 of Cap. 16

2. Section 8 of the Legal Practitioners Act (hereinafter referred to as the “principal Act”) is hereby repealed and the following new section substituted therefor-

“Appointment of disciplinary panel

8. (1) There shall be a Panel consisting of legal practitioners appointed by the Chief Justice for the purposes of constituting a disciplinary committee to investigate any complaint on the conduct of any legal practitioner.

(2). The Panel appointed pursuant to subsection (1) shall consist of -

(a) the Attorney-General who shall be the Chairman of the disciplinary committee; and

(b) four other members with not less than five years continuous goodstanding drawn equally from practitioners holding public office and in private practice, of whom one shall be appointed as deputy chairman.

(3) In the absence or inability of the chairman, to act in any proceedings, the deputy chairman shall act as chairman. The person appointed as Deputy Chairman shall not be a member of the staff of the Attorney General Chambers.

Insertion of new sections 8A and 8B

3. The principal Act is hereby amended by inserting immediately after section 8 the following new sections as 8A and 8B respectively.

“Reference to committee

8A. (1) Subject to subsection (2) where it appears necessary or desirable, the Chief Justice may refer any complaint on the conduct of any legal practioner to the Chairman for investigation by the disciplinary committee.

(2) Where any complaint or any matter is referred to the Attorney-General pursuant to subsection (1), the Attorney General shall appoint three members from the Panel to constitute the disciplinary committee for the purpose.

(3) The Quorum for the purposes of subsection (2) shall be-

(a) two members for any interlocutory matter; and

(b) three members at a substantive hearing.

Role of the executive committee of the Bar Association

8B (1) Where any complaint is made to the Solomon Islands Bar Association by any person against the conduct of any legal practioner, the executive committee may-

(a) receive such complaint; and

(b) if it deems necessary

investigate the complaint.

(2) Where the executive committee having investigated the complaint referred to in subsection (1), is of the view that such complaint merits further investigation, it may refer the matter to the Chairman for the purposes of constituting a disciplinary committee to inquire and investigate the matter as provided for in section 9 or dismiss the matter.

(3) Where an investigation is held pursuant to this Part, the Solomon Island Bar Association shall appoint one of its members to prosecute such complaints before the Committee.

(4) The hearings before disciplinary committee shall be adversial and the legal practitioner whose conduct is the subject of investigation shall have the right to legal representation.

(5) The disciplinary committee in exercising its functions and duties under this section shall have the power where deems appropriate to hold such proceedings in camera.”.

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