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General Guidance |
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Legal Proceedings |
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| The following notes are intended to clarify the relationship between the Board's disciplinary proceedings and proceedings in a court of law. They do not form part of the Code but are included here for the guidance of Architects.
The Architects Registration Board may suspend an investigation pending the outcome of civil or criminal proceedings. |
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Civil Proceedings |
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| 1 |
The successful bringing of civil proceedings against an Architect does not automatically constitute grounds for disciplinary proceedings. However, the facts giving rise to a civil suit can result in disciplinary proceedings if they disclose serious professional incompetence or unacceptable professional conduct. |
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Criminal Proceedings |
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| 1 |
If it is alleged that an Architect has committed a criminal offence, the courts are the appropriate forum for deciding guilt or innocence and such an allegation will not, of itself, normally be the subject of investigation. |
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The outcome of proceedings (criminal or civil) against an Architect relating to their employment of others, whether based on unfair dismissal, sex, race or disability discrimination or otherwise, may in certain cases disclose unacceptable professional conduct. |
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| 3 |
The fact that an Architect has been acquitted in the courts of a criminal charge does not necessarily mean that they may not be disciplined for acts or omissions connected with that charge if those acts or omissions constitute unacceptable professional conduct. |
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Criminal Convictions |
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| 1 |
A criminal conviction may be materially relevant to an Architect's fitness to practise, if, for example: |
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it constitutes an offence under the Architects Act 1997 or other legislation directly affecting Architects; or |
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it arises directly out of their professional activities; or |
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it results in a sentence of imprisonment, whether suspended or not; or |
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it constitutes an offence of dishonesty; or |
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it is otherwise of a nature which calls into question the Architect's integrity. |
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| 2 |
This list may not be exhaustive of the offences materially relevant to an Architect's fitness to practise. |
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