JCIO 110/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chancellor, with the Lady Chief Justice’s agreement, has removed Mr Mohammad Hussain, of the East London Local Justice Area, from the magistracy for failure, without a reasonable excuse, to complete the minimum annual sittings required of a magistrate.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to sit for at least 13 days (or 26 half days) a year.

The summary process in the Judicial Conduct (Magistrates) Rules 2023 enables a regional conduct advisory committee to recommend a magistrate’s removal from office without further investigation where that magistrate has failed, without a reasonable excuse, to meet their minimum sittings requirement of their role.

The London Conduct Advisory Committee (LCAC) recommended Mr Hussain’s removal from the magistracy as, without reasonable excuse, he had failed to meet the annual minimum sittings for the last five years. This was despite Mr Hussain being aware that there were concerns about his level of sittings.

Mr Hussain’s representations

In his representations to the LCAC, Mr Hussain cited a number of personal and work related issues which he stated had impeded his ability to fulfil his sitting obligations. He gave a commitment to meet these in the future and stated that he would try to ensure that he did not book work commitments on the same days as he was due to sit as a magistrate.

Decision

The Lord Chancellor and Lady Chief Justice agreed with the LCAC’s recommendation to remove Mr Hussain from office. They concluded that Mr Hussain had not provided a reasonable excuse for his persistent failure to meet his minimum sitting requirements. In reaching their decision they took into account that Mr Hussain had previously given assurances that he would meet his sitting requirements and had failed to do so.

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