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Clergy Discipline Measure 2003

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This is the original version (as it was originally enacted).

19Imposition of penalty

(1)Upon a finding by a disciplinary tribunal or the Vicar-General’s court in disciplinary proceedings that the respondent committed the misconduct complained of, the tribunal or court may—

(a)impose on the respondent any one or more of the penalties mentioned in section 24 below; or

(b)defer consideration of the penalty, and for that purpose may adjourn the proceedings; or

(c)impose no penalty.

(2)Before imposing a penalty the disciplinary tribunal or court may invite—

(a)in the case of a disciplinary tribunal, the bishop of the diocese concerned, or

(b)in the case of the Vicar-General’s court, the archbishop concerned or, if the respondent is an archbishop, the other archbishop,

to express in writing his views as to the appropriate penalty and the tribunal or court shall have regard to any such views in imposing the penalty, if any and the views of the bishop or archbishop, as the case may be, shall be conveyed in writing to the respondent:

Provided that, if the bishop or archbishop has given evidence in the proceedings, he shall not be consulted.

(3)In this section any reference to a penalty includes a reference to an order for conditional discharge under section 25 below.

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