Legal Profession Act 1966 · 2020 Revised Edition · Part 2B · Provisional Practising Certificates
24B. Referral to Disciplinary Tribunal and suspension of provisional practising certificates
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Upon an application to a Judge by the Attorney‑General or the Council, or on the hearing by a Judge of an application made under section 24A, the Judge may —
Judge
“Judge” means a Judge sitting in chambers in the General Division of the High Court;
where the Judge is satisfied that cause of sufficient gravity exists for disciplinary action against a lawyer (NP) who has in force a provisional practising certificate —
request the Society under section 85(3)(b) (as applied by section 83(3)) to refer the matter to a Disciplinary Tribunal unless the matter had been or is being dealt with under Part 7 or is to be dealt with under section 94A; and
order that the lawyer (NP)’s current provisional practising certificate be suspended; or
order that the lawyer (NP)’s current provisional practising certificate be suspended, if —
the lawyer (NP)’s fitness to practise provisionally has been determined under section 22 to be impaired by reason of the lawyer (NP)’s physical or mental condition;
the lawyer (NP), having been ordered by a Judge to submit to a medical examination under section 22 to be conducted within a period specified by the Judge in the order, fails to do so; or
the Judge is satisfied that the lawyer (NP) is incapacitated by illness or accident, or by the lawyer (NP)’s physical or mental condition, to such extent as to be unable to practise provisionally.
Any application by the Attorney-General or the Council under subsection (1) must be made by originating application which must be served on the lawyer (NP).
Council
“Council” means the Council of the Society established under section 47;
Where the Attorney-General or the Council makes an application under subsection (1), the Judge has, in addition to his or her powers under that subsection, the powers exercisable by the Judge under section 24A.
If, in a case where a Judge has made an order under subsection (1)(a)(ii) suspending a lawyer (NP)’s current provisional practising certificate —
practising certificate
“practising certificate” means a certificate issued by the Registrar under section 25;
the Disciplinary Tribunal determines under section 93(1)(a) that no cause of sufficient gravity for disciplinary action against the lawyer (NP) exists under section 83 or determines under section 93(1)(b) that the lawyer (NP) should be reprimanded;
the application made against the lawyer (NP) under section 98(1) is withdrawn or dismissed; or
an order has been made under section 98 that the lawyer (NP) be struck off the roll of lawyers (NP), prohibited from applying to the court for admission as an advocate and solicitor until after a date specified in the order, or censured, or that the lawyer (NP) pay a penalty,the suspension of the provisional practising certificate of the lawyer (NP) terminates immediately.
Nothing in subsection (4) is to be construed as affecting the power of the court of 3 Supreme Court Judges to prohibit a lawyer (NP) from applying to the court for admission as an advocate and solicitor until after a date specified in an order under section 98(1).
court
“court” means the General Division of the High Court or a Judge sitting in open court in the General Division of the High Court;
Where the suspension of the provisional practising certificate of a lawyer (NP) under this section has terminated by reason only of the expiry of the lawyer (NP)’s current provisional practising certificate, the lawyer (NP) must not apply for another provisional practising certificate; and if a provisional practising certificate has been issued to the lawyer (NP), that certificate ceases to be in force.
No appeal lies from any order made by a Judge under this section.