JCIO 04/25

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mr Andrew York JP, of the Leicestershire and Rutland bench, with a formal warning for misconduct.

Facts

The expedited process in the Judicial Conduct Magistrates Rules 2023 enables the Judicial Conduct Investigations Office (JCIO) to advise the Lord Chancellor and the Lady Chief Justice that a magistrate should be issued with formal advice or a formal warning where—

(a) there is no dispute as to the facts set out in the complaint;
(b) the alleged facts relate to conduct which the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide amounted to misconduct; and
(c) the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide that formal advice or a formal warning was the appropriate disciplinary sanction.

Magistrates sign a declaration and undertaking on their appointment which states that they will agree to report, without exception, to their bench chair and senior legal manager, their involvement, in any capacity, in criminal or civil proceedings.

A matter was reported to the Midlands Conduct Advisory Committee after Mr York appeared at Loughborough Magistrates Court as the complainant in a criminal trial. That trial was aborted because of the conflict of interest in a bench presiding over a trial involving one of their own magistrates.

Mr York’s representations

Mr York took full responsibility for the error and apologised. He explained that he did inform the police of his role as a magistrate when giving his statement, and similarly advised a member of court staff when notified about the trial date. Mr York cited personal circumstances as the reason for the oversight but accepted that he should have informed his bench chair at the earliest opportunity.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the JCIO that Mr York’s failure to report his involvement in court proceedings amounted to misconduct. The failure resulted in operational harm as a trial had to be aborted on the day, thereby wasting court resources.

Mr Justice Keehan and the Lord Chancellor took into consideration Mr York’s unblemished conduct record and assurance that it would not happen again and issued Mr York with a formal warning.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website