Part 3Reserved legal activities
Offences
16Offence to carry on reserved legal activity through person not entitled
1
Where subsection (2) applies it is an offence for a person (“P”) to carry on an activity (“the relevant activity”) which is a reserved legal activity, despite P being entitled to carry on the relevant activity.
2
This subsection applies if—
a
P carries on the relevant activity by virtue of an employee of P (“E”) carrying it on in E's capacity as such an employee, and
b
in carrying on the relevant activity, E commits an offence under section 14.
3
If P is a body, references in subsection (2) to an employee of P include references to a manager of P.
4
In proceedings for an offence under subsection (1), it is a defence for the accused to show that the accused took all reasonable precautions and exercised all due diligence to avoid committing the offence.
5
A person who is guilty of an offence under subsection (1) is liable—
a
on summary conviction, to imprisonment for a term not exceeding F2the general limit in a magistrates’ court or a fine not exceeding the statutory maximum (or both), and
b
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
6
A person who is guilty of an offence under subsection (1) by reason of an act done in the purported exercise of a right of audience, or a right to conduct litigation, in relation to any proceedings or contemplated proceedings is also guilty of contempt of the court concerned and may be punished accordingly.