Offences relating to pretending to be a regulated provider of legal services
Section 90 – Offence of taking or using the title of lawyer
217.This section makes it an offence for a person who is not entered in a register maintained under section 16 or a licensed provider, to take or use the title of lawyer in connection with providing (or offering to provide) legal services to the public for a fee, gain or reward.
The offence does not apply to a person who provides (or offers to provide) such services in relation to the laws, rules, beliefs or practices of a religion, but only if the person makes it clear that the taking or using of the title relates to the provision of legal services in relation to those matters and not to the provision of legal services more generally. This ensures that a person who provides legal services in relation to a religious law, including the interaction between the religious law and secular law does not commit an offence under this section if the person satisfies this requirement. Where a person also provides a legal service that does not relate to a religious law, the offence will apply to the person in the same way as it would any other person (unless the person is entered in a register maintained under section 16 or is a licensed provider when the title is taken or used).
218.A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale (currently £2,500) (as at the date of Royal Assent to this Act).
Section 91 – Offence of pretending to be a regulated legal services provider
219.This section makes it an offence for a person who is not entered in the register maintained by a category 1 or category 2 regulator to take or use a name, title (other than that of lawyer), addition or description implying that the person is regulated by the category 1 or category 2 regulator. The offence applies only if this is done in connection with providing (or offering to provide) legal services to the public for a fee, gain or reward.
220.A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale (currently £2,500) (as at the date of Royal Assent to this Act).
Section 92 – Offence of pretending to be a member of Faculty of Advocates
221.This section makes it an offence for a person who is not a member of the Faculty to, without reasonable excuse, take or use a name, title, addition or description implying that the person is a member of the Faculty or otherwise pretend to be a member of the Faculty. The offence does not require any connection with providing legal services. For the purpose of this offence, a person is a member of the Faculty if the person is entered in the register maintained by the Faculty under section 16.
222.A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale (currently £2,500) (as at the date of Royal Assent to this Act).
Section 93 – Time limit for prosecution of offences
223.This section makes provision about the time limit for prosecution of offences under sections 31(1), 40(1), 90(1), 91(1) and 92(1). Proceedings must be commenced within 2 years of the commission of the offence (or in the case of a continuous contravention, after the last day on which the offence was committed) and within 6 months of the date on which the relevant evidence that the prosecutor believes sufficient to justify proceedings comes to the prosecutor’s knowledge. The effect of subsection (5) is that any such proceedings are to be deemed to be commenced on the date on which a warrant to apprehend or to cite the accused is granted, if the warrant is executed without undue delay.
