s 82A Disciplinary proceedings against Judicial Service Officers, Legal Service Officers, PD Officers, non‑practising solicitors, and lawyers (NP) with no provisional practising certificates
82A.—(1) This Part, with the exception of this section and sections 82, 90, 91, 91A, 94A, 98 to 102C, 104, 105 and 106, does not apply to any Judicial Service Officer, Legal Service Officer or PD Officer, any advocate and solicitor who does not at the time of the misconduct have in force a practising certificate (called in this section a non‑practising solicitor), or any lawyer (NP) who, at the time of the misconduct, is not a practice trainee and does not have in force a provisional practising certificate (called in this section and section 82B a relevant lawyer (NP)).[20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (2) All Judicial Service Officers, Legal Service Officers, PD Officers, non‑practising solicitors and relevant lawyers (NP) are subject to the control of the Supreme Court and are liable on due cause shown to be punished in accordance with this section.[20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (3) Such due cause may be shown by proof that a Judicial Service Officer, a Legal Service Officer, a PD Officer, a non‑practising solicitor or a relevant lawyer (NP), as the case may be —(a) has been guilty in Singapore or elsewhere of such misconduct unbefitting a Judicial Service Officer, a Legal Service Officer, a PD Officer, an advocate and solicitor or a lawyer (NP) as an officer of the Supreme Court or as a member of an honourable profession; or[Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (b) has been adjudicated bankrupt and has been guilty of any of the acts or omissions mentioned in section 394(5)(a), (b), (c), (d), (e), (f), (h), (i), (k) or (l) of the Insolvency, Restructuring and Dissolution Act 2018.[20/2009; 40/2018] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (4) No application for a Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP) to be punished under this section may be made unless permission has been granted by the Chief Justice for an investigation to be made into the complaint of misconduct against the Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP) concerned.[20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 25 of 2021 wef 01/04/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (5) An application for such permission must be made by originating application without notice and must be accompanied by an affidavit setting out the allegations of misconduct against the Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP).[20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 25 of 2021 wef 01/04/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (6) Where the Chief Justice is of the opinion that the applicant has made out a prima facie case for an investigation into the applicant’s complaint, the Chief Justice may grant such permission and appoint a Disciplinary Tribunal under section 90.[Act 25 of 2021 wef 01/04/2022] (6A) Despite subsection (6), the Chief Justice may refuse to grant permission for an investigation to be made into a complaint of misconduct against a Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP) if the application for such permission is made after the expiry of the period of —(a) 6 years from the date of the alleged misconduct; or (b) where the complaint relates to any fraud alleged to have been committed by the Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP), 6 years from the earliest date on which the applicant discovered the fraud or could with reasonable diligence have discovered it, if that period expires later than the period referred to in paragraph (a).[20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 25 of 2021 wef 01/04/2022] [Act 23 of 2022 wef 01/12/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (7) The Disciplinary Tribunal must hear and investigate into the complaint and submit its findings of fact and law in the form of a report to the Chief Justice. (8) A copy of the report must be supplied to the Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP) concerned, and to the Attorney‑General if the report relates to a Judicial Service Officer or Legal Service Officer.[Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (9) Where the Disciplinary Tribunal finds that no cause of sufficient gravity for disciplinary action exists under this section against the Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP) concerned, the Chief Justice is to dismiss the complaint.[20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (10) Where the Disciplinary Tribunal finds that cause of sufficient gravity for disciplinary action exists under this section against the person concerned (being a Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP)), the Chief Justice may appoint an advocate and solicitor, a Judicial Service Officer, a Legal Service Officer or a PD Officer to apply by summons in the same proceedings for an order that the person concerned be struck off the roll of advocates and solicitors or the roll of lawyers (NP), prohibited from applying for a practising certificate, censured or otherwise punished.[Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (11) Section 98 applies, with the necessary modifications, to any application under subsection (10). (12) On completion of the hearing of the application under subsection (10), the court may —(a) censure the Judicial Service Officer, Legal Service Officer, PD Officer, non‑practising solicitor or relevant lawyer (NP);[Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025] (b) if he or she is a non‑practising solicitor — prohibit him or her from applying for a practising certificate for such period not exceeding 5 years as it may specify;[Act 37 of 2023 wef 17/04/2025] (ba) if he or she is a relevant lawyer (NP) — prohibit him or her from applying to the court for admission as an advocate and solicitor until after a date specified;[Act 37 of 2023 wef 17/04/2025] (c) order that his or her name be struck off the roll of advocates and solicitors or the roll of lawyers (NP);[Act 37 of 2023 wef 17/04/2025] (d) order him or her to pay a penalty of not more than $20,000; or (e) make any other order as it thinks fit.[20/2009] (13) The costs of and incidental to any proceedings under this section are in the discretion of the Disciplinary Tribunal, Judge or court hearing those proceedings. (13A) A Disciplinary Tribunal may, in making any order on costs under subsection (13), specify the amount of those costs or direct that the amount be assessed by the Registrar.[Act 25 of 2021 wef 01/04/2022] (14) Subject to this section, the Rules Committee may make rules for regulating and prescribing the procedure and practice to be followed in connection with proceedings under this section and in the absence of any rule dealing with any point of procedure or practice, the Rules of Court may be followed as nearly as the circumstances permit.[22/2018] (15) To avoid doubt, nothing in this section prevents any Judicial Service Officer or Legal Service Officer from being subject to disciplinary action by the Judicial Service Commission or the Legal Service Commission (as the case may be) for any act or omission which constitutes a disciplinary offence under this section.[20/2009] [Act 33 of 2021 wef 14/01/2022] [Act 23 of 2022 wef 01/12/2022] [Act 37 of 2023 wef 17/04/2025]