A disciplinary tribunal has jurisdiction to hear professional misconduct charges even where the underlying conduct might also constitute a criminal offence such as perjury; the disciplinary charge is separate and distinct from the criminal charge. The making of a false statutory declaration to the Legal Services Board in connection with an application to remove a supervisory condition from a practising certificate is sufficiently connected to the practice of law to constitute professional misconduct. The dissent raises significant questions about whether a finding of knowledge of falsity in a statutory declaration amounts to a finding of dishonesty requiring specific allegation and procedural fairness, and about the requirement for separate liability and penalty hearings.
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