49.—(1) For the purposes of a formal inquiry, a Disciplinary Committee may require any person —
(a)
to attend at a specified time and place and give evidence before the Disciplinary Committee; and
(b)
to produce all books, documents and papers in the custody, or under the control, of the person which may be related to or be connected with the subject matter of the formal inquiry.
[27/2005]
(2) Any person who, without lawful excuse —
(a)
refuses or fails to comply with any requirement of the Disciplinary Committee under subsection (1); or
(b)
refuses to answer or gives a false answer to any question put to the person by a member of the Disciplinary Committee,
shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.
[27/2005]
(3) The Disciplinary Committee —
(a)
is not bound to act in any formal manner and is not bound by the provisions of the Evidence Act 1893 or by any other written law relating to evidence, but may inform itself on any matter in any manner that it thinks fit;
(b)
may administer an oath or affirmation to any person giving evidence before it; and
(c)
may, subject to the rules, regulate its own procedure for a formal inquiry.
[27/2005]
(4) Any party to the proceedings before a Disciplinary Committee may take out subpoenas to testify or to produce documents, and the subpoenas must be served and may be enforced as if they were subpoenas issued in connection with a civil action in the General Division of the High Court.
[42/2005; 40/2019]
(5) Any person giving evidence before a Disciplinary Committee is legally bound to tell the truth.
[27/2005]
(6) Persons giving evidence in a formal inquiry have the same privileges and immunities in relation to an inquiry as if it were a proceeding in a court of law.
[27/2005]
(7) The Board may appoint an advocate and solicitor for the purpose of a formal inquiry (whether to prosecute the complaint or to act as a legal advisor to the Disciplinary Committee) and pay to the advocate and solicitor, as part of the expenses of the Board, any remuneration that the Board may determine.
[27/2005]
(8) A Disciplinary Committee must complete its inquiry not later than 6 months from the date of its appointment, unless the Board, on application of the Disciplinary Committee, allows otherwise.
[27/2005]
(9) In sections 172 to 175, 177, 179, 182 and 228 of the Penal Code 1871, “public servant” is deemed to include a member of a Disciplinary Committee holding a formal inquiry, and in sections 193 and 228 of the Penal Code 1871, “judicial proceeding” is deemed to include such a formal inquiry.