OpenLegislation

Article 32 Previous findings of recordI1

England and Wales

(1)

A conviction for a criminal offence in the United Kingdom may be proved by the production of a certified copy of the certificate of conviction relating to the offence and proof of a conviction will constitute evidence that the person in question was guilty of the offence. The findings of fact upon which that conviction was based will be admissible as conclusive proof of those facts save in exceptional circumstances.

(2)

The judgment of any civil court, or any tribunal exercising a professional or disciplinary jurisdiction, in or outside England and Wales (other than the Tribunal) may be proved by producing a certified copy of the judgment and the findings of fact upon which that judgment was based F1are admissible as proof but not conclusive proof of those facts.

(3)

Where the Tribunal has made a finding based solely upon the certificate of conviction for a criminal offence which is subsequently quashed the Tribunal may, on the application of the Law Society or the respondent to the application in respect of which the finding arose, revoke its finding and make such order as to costs as F2appears to be just in the circumstances.

Annotations

Textual amendments

F1

Words in rule 32(2) substituted (25.5.2020) by The Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020 (S.I. 2020/462), rules 1(2), 17(1)

F2

Word in rule 32(3) substituted (25.5.2020) by The Solicitors (Disciplinary Proceedings) (Amendment) Rules 2020 (S.I. 2020/462), rules 1(2), 17(2)

Commencement

I1

Rule 32 in force at 25.11.2019, see rule 1