Singapore legislation
Section 86
Section 86
Inquiry
(1)
Subject to subsections (2), (3) and (4), an Inquiry Committee must, within 2 weeks of its appointment, commence its inquiry into any complaint or information touching upon the conduct of a regulated legal practitioner and report its findings to the Council —
in any case where the members of the Inquiry Committee have decided not to call upon the regulated legal practitioner concerned to offer any explanation or to answer the allegations made against him or her, not later than 2 months after the date of its appointment; and
in any other case, not later than 2 weeks after the last meeting of the Inquiry Committee or 3 months after the date of its appointment, whichever is the earlier.
(2)
Where an Inquiry Committee is of the opinion that it will not be able to report its findings to the Council within the period specified in subsection (1)(b) due to the complexity of the matter or serious difficulties encountered by the Inquiry Committee in conducting its inquiry, the Inquiry Committee may apply in writing to the Chairperson of the Inquiry Panel for an extension of the time to report its findings to the Council.
(3)
The Chairperson or Deputy Chairperson of the Inquiry Panel may grant an extension of time to an Inquiry Committee to report its findings to the Council if he or she is satisfied that the circumstances of the case justify the grant of an extension of time, except that any extension of time granted must not extend beyond the period of 6 months from the date of the appointment of that Inquiry Committee.
(4)
No application for an extension of time may be made to the Chairperson of the Inquiry Panel under subsection (2) on the expiry of 2 months after the date of the appointment of the Inquiry Committee.
(5)
Where an Inquiry Committee is satisfied that there are no grounds for disciplinary action under this Part, it must report to the Council accordingly and state the reasons for its decision.
(6)
Where an Inquiry Committee is of the opinion that a regulated legal practitioner should be called upon to answer any allegation made against him or her, the Inquiry Committee must —
post or deliver to the regulated legal practitioner concerned —
copies of any complaint or information touching upon his or her conduct and of any statutory declarations or affidavits that have been made in support of the complaint or information; and
a notice inviting him or her to give, within such period (not being less than 14 days) as may be specified in the notice to the Inquiry Committee, any written explanation he or she may wish to offer and to advise the Inquiry Committee if he or she wishes to be heard by the Committee;
allow the time specified in the notice to elapse;
give the regulated legal practitioner concerned reasonable opportunity to be heard if he or she so desires; and
give due consideration to any explanation (if any) given by him or her.
(7)
The report of the Inquiry Committee must, among other things, deal with the question of the necessity or otherwise of a formal investigation by a Disciplinary Tribunal, and the Inquiry Committee must recommend to the Council —
if the Inquiry Committee is of the view that there should be a formal investigation by a Disciplinary Tribunal, the charge or charges to be preferred against the regulated legal practitioner with respect to the misconduct committed; or
if the Inquiry Committee is of the view that no formal investigation by a Disciplinary Tribunal is required —
that the regulated legal practitioner should be ordered under section 88 to pay a penalty that is sufficient and appropriate to the misconduct committed;
that the regulated legal practitioner should be reprimanded or given a warning;
that the regulated legal practitioner should be ordered to comply with one or more remedial measures;
that the regulated legal practitioner should be subjected to the measure in sub‑paragraph (iii) in addition to the measure in sub‑paragraph (i) or (ii); or
that the complaint be dismissed.
(8)
Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the regulated legal practitioner concerned which may give rise to proceedings under this Part, the Inquiry Committee may, after giving notice to him or her, decide on its own motion to inquire into that matter and report its findings to the Council.
(9)
Where in the course of its inquiry an Inquiry Committee receives information touching on or evidence of the conduct of the regulated legal practitioner concerned which discloses an offence under any written law, the Inquiry Committee must record the information in its report to the Council.
(10)
Where the complainant withdraws the complaint before the Council has referred the complaint to an Inquiry Committee or before the conclusion of the inquiry by an Inquiry Committee, the Council may, despite the withdrawal, refer the complaint to or direct an Inquiry Committee to continue the inquiry (as the case may be) and the Inquiry Committee must comply with the direction and all future proceedings thereon are to be taken as if the complaint had been made by the Society.
(11)
Subsections (2) to (6) of section 91 apply, with the necessary modifications, in relation to an Inquiry Committee as they apply in relation to a Disciplinary Tribunal and the references in those subsections to a Disciplinary Tribunal are to be read as references to an Inquiry Committee.
(12)
For the purposes of conducting an inquiry, an Inquiry Committee may —
appoint any person to make or assist in the making of such preliminary inquiries as the Inquiry Committee thinks necessary;
require the production for inspection by the Inquiry Committee, or by any person appointed under paragraph (a), of any books, documents or papers which may relate to or be connected with the subject matter of the inquiry; and
require the complainant, the regulated legal practitioner concerned and any other person to give any information which may relate to or be connected with the subject matter of the inquiry (including any information in relation to any books, documents or papers mentioned in paragraph (b)) —
at an attendance before the Inquiry Committee or any person appointed under paragraph (a);
in writing; or
by way of a statutory declaration or an affidavit.
(13)
Any person who, without lawful excuse, refuses or fails to comply with any requirement of an Inquiry Committee under subsection (12)(b) or (c) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.