The Licensed Conveyancers' Discipline and Appeals Committee (Procedure) Rules Approval Order 1987

Procedure upon proof of conviction or of the facts alleged

12.—(1) Where in a case relating to conviction the Committee have found that a conviction has been proved the following order of proceedings shall be observed:–

(a) the Chairman shall invite the complainant or the Solicitor, as the case may be, to address the Committee, and to adduce evidence as to the circumstances leading up to the conviction and as to the character and previous history of the respondent;

(b) the Chairman shall then invite the respondent to address the Committee by way of mitigation and to adduce evidence as aforesaid.

(2) Where in a case relating to conduct the Committee have found that the facts or any of them alleged in any charge have been proved to their satisfaction (and have not on those facts recorded a finding of not guilty) the following order of proceedings shall be observed:–

(a) the Chairman shall invite the complainant or the Solicitor, as the case may be, to address the Committee and to adduce evidence as to the circumstances leading up to the facts in question, the extent to which such facts support the charge against the respondent, and as to the character and pevious history of the respondent;

(b) the Chairman shall then invite the respondent to address the Committeee by way of mitigation and to adduce evidence as aforesaid.

(3) The Committee shall next consider and determine whether it shall be sufficient to conclude the case. If the Committee determine not to conclude the case, they shall next consider and determine whether to postpone judgment.

(4) If the Committee determine to postpone judgment, the judgment of the Committee shall stand postponed until such future meeting of the Committee as they may determine.

(5) If the Committee determine not to postpone judgment, they may make one or more of the orders referred to in Section 26(2) of or paragraph 4(2) of Schedule 6 to the Act.