Legal Profession (Postgraduate Practical Course in Law — Students’ Conduct and Discipline) Rules 2008

No. S 283

Legal Profession Act

(Chapter 161)

Legal Profession (Postgraduate Practical Course in Law — Students’ Conduct and Discipline) Rules 2008

In exercise of the powers conferred by section 5(3) and (4) of the Legal Profession Act, the Board of Legal Education hereby makes the following Rules:

Citation and commencement

1. These Rules may be cited as the Legal Profession (Postgraduate Practical Course in Law — Students’ Conduct and Discipline) Rules 2008 and shall come into operation on 6th June 2008.

Definitions

2. In these Rules, unless the context otherwise requires —

“Chairman” means the Chairman of the Board elected under section 9(1) of the Act;

“class” means any lecture, tutorial, drafting class, practice class, workshop, Advocacy Training session, Edudine session or legal clinic session;

“classroom” means the premises on which any class is conducted;

“Code of Conduct” means the Code of Conduct issued by the Director under rule 3 and includes the Code of Conduct as amended from time to time under that rule;

“Director” means the Director of the PLC appointed by the Board and includes any Deputy Director;

“misconduct” means any act, conduct or neglect that is in contravention of the Code of Conduct and includes any act or conduct referred to in rule 6(2);

“Postgraduate Practical Course in Law” or “PLC” means the course of instruction prescribed by the Board under rule 11(1) of the Legal Profession Rules (R 3) and includes the dining terms prescribed by the Board for the purposes of section 12(1)(d) of the Act;

“student” means a person who is currently registered as a student in the PLC;

“Student Disciplinary Committee” means the Student Disciplinary Committee appointed by the Chairman under rule 4.

Code of Conduct

3.—(1) The Director may, with the approval of the Board, issue and from time to time amend a Code of Conduct for the maintenance and enforcement of discipline among the students.

(2) It shall be the duty of every student to comply with the Code of Conduct.

(3) The Director shall cause the Code of Conduct to be published —

(a)	on the Board’s Internet website;
(b)	in the annual PLC Handbook; and
(c)	in such other additional manner as he may think necessary and appropriate to bring it to the attention of all students.

Student Disciplinary Committee

4.—(1) The Chairman may appoint any 3 members of the Board to constitute a Student Disciplinary Committee, and shall appoint one of the members of the Student Disciplinary Committee to preside over it.

(2) The Student Disciplinary Committee may be appointed in connection with one or more matters or for a fixed period of time as the Chairman may think fit.

(3) If any member of the Student Disciplinary Committee is unable to act for any reason, the Chairman may appoint another member of the Board to replace him.

(4) The Secretary of the Board or his representative shall be the secretary of the Student Disciplinary Committee.

(5) A decision of the Student Disciplinary Committee shall be made by a majority vote of its members.

(6) The Student Disciplinary Committee shall not be bound to act in a formal manner and may determine its own procedures.

(7) The Student Disciplinary Committee shall not be bound by the provisions of the Evidence Act (Cap. 97) or by any other law relating to evidence, and may inform itself on any matter in such manner as it thinks fit.

Letter of warning for misconduct

5.—(1) If the Director has reason to believe that a student has committed any misconduct, the Director shall, by notice in writing, call upon the student concerned to offer any explanation or to answer any allegation against him, whether in writing or in person before the Director, within a period of 7 days from the date specified in the notice.

(2) If the student concerned —

(a)	does not comply with the Director’s notice;
(b)	admits to having committed the misconduct as alleged; or
(c)	in the opinion of the Director, fails to offer a reasonable explanation or to satisfactorily answer the allegation against him,

the Director shall issue a letter of warning to the student concerned.

Report of misconduct to Student Disciplinary Committee

6.—(1) Upon a student being issued with a third letter of warning under rule 5(2), the Director shall —

(a)	report the matter to the Student Disciplinary Committee in writing; and
(b)	notify the student concerned in writing that he has made the report to the Student Disciplinary Committee.

(2) Notwithstanding paragraph (1), if the Director has reason to believe that a student —

(a)

has cheated on any test, examination or assignment or facilitated the cheating of another student on any test, examination or assignment;

(b)

has committed any offence in any classroom or on the premises of the Board;

(c)

has, in any dealing with the Board, acted fraudulently or dishonestly;

(d)

having been dealt with before by the Board under rule 8, has again committed any misconduct; or

(e)

has done any other act or conducted himself in any other manner which —

(i)	is unbefitting or unbecoming of a student of the PLC or implies a defect of character making him unfit for the legal profession; and
(ii)	is, in the opinion of the Director, of sufficient gravity to warrant an immediate report to the Student Disciplinary Committee,

the Director may immediately report the matter to the Student Disciplinary Committee in writing without issuing any letter of warning to the student concerned under rule 5(2), but shall notify the student concerned in writing that he has made the report to the Student Disciplinary Committee.

Inquiry by Student Disciplinary Committee

7.—(1) Upon receiving a report from the Director under rule 6, the Student Disciplinary Committee shall conduct an inquiry into the matter to determine if any action should be taken in respect of the student concerned and shall, by notice in writing, call upon the student concerned —

(a)	to show cause, in writing and within such time as may be specified in the notice, as to why he should not be dealt with by the Board under rule 8; or
(b)	to attend before the Student Disciplinary Committee at the time and place specified in the notice to show cause as to why he should not be dealt with by the Board under rule 8.

(2) The Student Disciplinary Committee may also call upon any other person —

(a)	to furnish to the Student Disciplinary Committee in writing; or
(b)	to attend before the Student Disciplinary Committee at the time and place specified in the notice to furnish,

any information or evidence as it thinks necessary for the purposes of its inquiry.

(3) If the student concerned does not attend before the Student Disciplinary Committee when called upon to do so under paragraph (1), the Student Disciplinary Committee may proceed with its inquiry in his absence.

(4) If, in the course of its inquiry, the Student Disciplinary Committee receives information that the student concerned has committed any misconduct that has not been referred to in the Director’s report under rule 6, the Student Disciplinary Committee may, after giving notice to the student concerned, decide on its own motion to inquire into that misconduct.

(5) After the Student Disciplinary Committee has conducted its inquiry and given the student concerned a reasonable opportunity of being heard, the Student Disciplinary Committee shall submit a report of its findings to the Board and recommend to the Board the action to be taken in respect of the student concerned.

(6) If any student, in connection with an inquiry being conducted by the Student Disciplinary Committee, furnishes to the Student Disciplinary Committee any information or evidence which he knows or has reason to believe to be false or misleading in a material particular, the Student Disciplinary Committee may, after giving him a reasonable opportunity to show cause as to why he should not be dealt with by the Board under rule 8, report the matter to the Board and recommend to the Board the action to be taken against him.

Action by Board

8.—(1) Upon receiving and considering the report and recommendation of the Student Disciplinary Committee under rule 7(5) or (6), the Board may —

(a)

expel the student concerned from the PLC with effect from such date as the Board may specify;

(b)

suspend the student concerned from attending all classes or any particular class of the PLC with effect from such date and for such period as the Board may specify;

(c)

disentitle the student concerned from sitting for any examination or assignment;

(d)

deprive the student concerned of a pass in any test, examination or assignment;

(e)

lodge a caveat under section 20(1) of the Act against the student’s application for admission;

(f)

refuse to issue to the student concerned the certificate referred to in section 17(4)(e) of the Act or any other certificate which may be issued by the Board, whether absolutely or until —

(i)	the student concerned has, at his own expense, re-attended such class or the whole or any part of such module of the PLC, and retaken such examination, as the Board may specify;
(ii)	the student concerned has complied with such conditions as the Board may impose; or
(iii)	such period of time, as determined by the Board, has elapsed;

(g)

revoke any certificate, award or prize that has already been granted to the student concerned;

(h)

issue a written notice to the student concerned directing him to comply with such requirements as the Board may specify in the notice;

(i)

issue a private reprimand to the student concerned that may, at the Board’s discretion, form part of the student’s official record;

(j)

issue a censure to the student concerned which may be published in such manner and to such persons as the Board thinks fit;

(k)

withdraw from the student concerned, whether absolutely or partially, and whether permanently or for such period as the Board may specify, any facility, privilege or benefit granted by the Board to students; or

(l)

determine that no action be taken against the student concerned.

(2) If the student concerned fails to comply with a written notice issued to him under paragraph (1)(h), the Board may deal with him in any other manner provided for in paragraph (1) as it thinks fit.

(3) A student who has been dealt with by the Board under paragraph (1) shall not be entitled to any refund of any fee paid by him to the Board for attending the PLC.

(4) The members of the Student Disciplinary Committee shall not participate in the Board’s deliberation of its report or vote on the action to be taken by the Board in respect of the matter.

(5) The Board shall give notice in writing to the student concerned of its decision and the action (if any) that it has decided to take against him, and the decision of the Board shall be final.

(6) In paragraph (1)(g), “award” includes an award of a pass or distinction in any test, examination or assignment.

Continuing liability under these Rules

9. Notwithstanding the fact that a person has ceased to be a student upon his withdrawal from the PLC or upon the conclusion of the PLC for which he was registered —

(a)

such person shall, for a period of 3 months from the date he ceased to be a student —

(i)	continue to be subject to these Rules in respect of any misconduct that he may have committed while he was a student; and
(ii)	be liable to be dealt with in accordance with rules 6, 7 and 8 for the misconduct as if he were still a student; and

(b)

the Board may withhold the issue of any certificate or document to such person until the matter has been determined and disposed of by the Board under rule 8.

Made this 29th day of May 2008.

WALTER WOON CHEONG MING

Chairman,
Board of Legal Education,
Singapore.

[AG/LEG/SL/161/2002/2 Vol. 1]

(To be presented to Parliament under section 131 of the Legal Profession Act).

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