s 87 Council’s consideration of report
87.—(1) The Council must consider the report of the Inquiry Committee and according to the circumstances of the case shall, within one month of the receipt of the report, determine —(a) that a formal investigation is not necessary; (b) that, while no cause of sufficient gravity exists for a formal investigation, the regulated legal practitioner should be —(i) ordered under section 88 to pay a penalty that is sufficient and appropriate to the misconduct committed; (ii) reprimanded or given a warning; (iii) ordered to comply with one or more remedial measures; or (iv) subjected to the measure in sub‑paragraph (iii) in addition to the measure in sub‑paragraph (i) or (ii); (c) that there should be a formal investigation by a Disciplinary Tribunal; or (d) that the matter be referred back to the Inquiry Committee for reconsideration or a further report.[8/2011; 40/2014; 22/2018] (1A) Where the Council has determined under subsection (1)(d) that a matter be referred back to the Inquiry Committee for reconsideration or a further report —(a) the Council must notify the Inquiry Committee accordingly; (b) the Inquiry Committee must submit its response or further report to the Council within 4 weeks from the date of the Council’s notification; and (c) subsection (1)(a), (b) and (c) applies, with the necessary modifications, in relation to the response or further report of the Inquiry Committee as it applies in relation to the report of the Inquiry Committee. (2) If the Inquiry Committee in its report, read with any response or further report submitted under subsection (1A)(b), recommends —(a) that there should be a formal investigation, then the Council must determine accordingly under subsection (1); or (b) that a formal investigation by a Disciplinary Tribunal is not necessary, the Council may, if it disagrees with the recommendation, request the Chief Justice to appoint a Disciplinary Tribunal. (3) Where the report of the Inquiry Committee, read with any response or further report of the Inquiry Committee submitted under subsection (1A)(b), discloses the commission of —(a) any other misconduct by the regulated legal practitioner which has not been referred to or inquired into by the Inquiry Committee, the Council, if it determines that there should be a formal investigation of the misconduct, has power to prefer such charge against the regulated legal practitioner as it thinks fit with respect to that misconduct; or (b) any offence involving fraud or dishonesty by the regulated legal practitioner, the Council must immediately refer the matter to the police for investigation.[40/2014] (4) The Council must inform the regulated legal practitioner and the person who made the complaint of the manner in which it has determined the complaint within 14 days of the determination, and in the event of the determination being that a formal investigation is unnecessary, the Council must, on the request of the person, furnish the person with its reasons in writing.[40/2014]