In forceAmended2010 Revised Edition

Contents

10. Evidence

Amended

Last amended by an amending law of 2022.

(1)

At a Disciplinary Tribunal hearing, the evidence in chief of a witness shall be given by way of affidavit.

(2)

Unless the Disciplinary Tribunal otherwise orders or the parties otherwise agree, the witness shall attend the Disciplinary Tribunal hearing for cross-examination.

(3)

Where a witness does not attend the Disciplinary Tribunal hearing for cross-examination, his affidavit shall not be received in evidence unless —

(a)

the Disciplinary Tribunal gives permission for his affidavit to be received in evidence; or

(b)

his attendance at the hearing has been dispensed with by order of the Disciplinary Tribunal or by agreement between the parties.

(4)

Unless the Disciplinary Tribunal otherwise orders, the evidence in chief of all witnesses shall be limited to one affidavit for each witness.

(5)

Every party shall, within 2 months after the date of the notice in Form 3, furnish —

(a)

the Secretary with —

(i)

5 copies of each of the affidavits of evidence in chief of his witnesses;

(ii)

5 copies of the bundle of documents that he will be relying on or referring to in the course of the Disciplinary Tribunal hearing; and

(iii)

5 copies of the bundle of authorities that he will be relying on or referring to in the course of the Disciplinary Tribunal hearing; and

(b)

every other party with —

(i)

one copy of each of the affidavits of evidence in chief referred to in sub-paragraph (a)(i);

(ii)

one copy of the bundle of documents referred to in sub-paragraph (a)(ii); and

(iii)

one copy of the bundle of authorities referred to in sub-paragraph (a)(iii).

Subregulation 1

At a Disciplinary Tribunal hearing, the evidence in chief of a witness shall be given by way of affidavit.

Subregulation 2

Unless the Disciplinary Tribunal otherwise orders or the parties otherwise agree, the witness shall attend the Disciplinary Tribunal hearing for cross-examination.

Subregulation 3

Where a witness does not attend the Disciplinary Tribunal hearing for cross-examination, his affidavit shall not be received in evidence unless —

(a)

the Disciplinary Tribunal gives permission for his affidavit to be received in evidence; or

(b)

his attendance at the hearing has been dispensed with by order of the Disciplinary Tribunal or by agreement between the parties.

Subregulation 4

Unless the Disciplinary Tribunal otherwise orders, the evidence in chief of all witnesses shall be limited to one affidavit for each witness.

Subregulation 5

Every party shall, within 2 months after the date of the notice in Form 3, furnish —

(a)

the Secretary with —

(i)

5 copies of each of the affidavits of evidence in chief of his witnesses;

(ii)

5 copies of the bundle of documents that he will be relying on or referring to in the course of the Disciplinary Tribunal hearing; and

(iii)

5 copies of the bundle of authorities that he will be relying on or referring to in the course of the Disciplinary Tribunal hearing; and

(b)

every other party with —

(i)

one copy of each of the affidavits of evidence in chief referred to in sub-paragraph (a)(i);

(ii)

one copy of the bundle of documents referred to in sub-paragraph (a)(ii); and

(iii)

one copy of the bundle of authorities referred to in sub-paragraph (a)(iii).

Report

Read on from reg 11