Section 16 Offence to carry on reserved legal activity through person not entitled

(1)

Where subsection (2) applies it is an offence for a person (“P”) to carry on an activity (“the relevant activity”) which is a reserved legal activity, despite P being entitled to carry on the relevant activity.

(2)

This subsection applies if—

(a)

P carries on the relevant activity by virtue of an employee of P (“E”) carrying it on in E's capacity as such an employee, and

(b)

in carrying on the relevant activity, E commits an offence under section 14.

(3)

If P is a body, references in subsection (2) to an employee of P include references to a manager of P.

(4)

In proceedings for an offence under subsection (1), it is a defence for the accused to show that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence.

(5)

A person who is guilty of an offence under subsection (1) is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court or a fine not exceeding the statutory maximum (or both), and

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).

(6)

A person who is guilty of an offence under subsection (1) by reason of an act done in the purported exercise of a right of audience, or a right to conduct litigation, in relation to any proceedings or contemplated proceedings is also guilty of contempt of the court concerned and may be punished accordingly.

(7)

In relation to an offence under subsection (1) committed before F22 May 2022, the reference in subsection (5)(a) to F3the general limit in a magistrates’ court is to be read as a reference to 6 months.

Annotations

Textual amendments

F1: Words in s. 16(5)(a) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F2: Words in s. 16(7) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F3: Words in s. 16(7) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table