JCIO 101/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor's agreement, has issued His Honour Judge (HHJ) Richard Roberts with formal advice for misconduct.

Facts

The Guide to Judicial Conduct reminds judges to treat others with courtesy, patience and tolerance, The Statement of Expected Behaviour further emphasises the importance of treating others fairly and respectfully and of maintaining composure, including when under pressure.

The complainant in this case, a barrister, alleged that whilst she was making submissions during a hearing, HHJ Roberts interrupted her excessively in an aggressive manner and with an elevated tone.

HHJ Roberts’ representations

HHJ Roberts explained that he gave the complainant all the time she needed to make her submissions, He accepted that he interrupted her at certain points but explained why he did so. He said he made points forcefully but not aggressively, though he accepted that his tone was elevated at times. He regretted showing frustration, He also referred to his long service as a judge and offered some mitigation related to his personal circumstances at the time.

Nominated Judge’s findings and recommendations

Following an investigation under the Judicial Conduct Rules 2023, a nominated judge found that HHJ Roberts interrupted the complainant's submissions so frequently as to amount to excessive intervention. At times, he raised his voice, and on some occasions his words and tone could reasonably be described as aggressive. On other occasions, his tone conveyed irritation and frustration, The nominated judge found that this was noticeably different to the way HHJ Richards addressed the opposing barristers.

The nominated judge concluded that HHJ Roberts' actions amounted to misconduct and recommended that he receive a sanction of formal advice.

Decision

Having considered the mitigation offered by HHJ Roberts, the Lord Chancellor and the Lady Chief Justice agreed with the nominated judge's recommendation to issue him with formal advice. 
 

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