JCIO 111/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Mr Graham Curry JP with formal advice for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking which requires them to maintain the dignity, standing and good reputation of the magistracy at all times in their private, working and public life.

The Guide to Judicial Conduct also states that an office holder is expected to be “courteous, patient, tolerant and should respect the dignity of all”.

A complaint was made to the North West Region Conduct Advisory Committee by a defendant who appeared before Mr Curry for sentencing. The complaint alleged that Mr Curry had spoken to a member of court staff in a disrespectful and belittling manner during the hearing. The complainant also alleged that Mr Curry had constantly interrupted the defendant and would not listen to them.

The member of court staff supported the complaint and confirmed that Mr Curry’s questioning of the defendant was aggressive and his approach hostile. The allegations were further supported by the prosecutor and two magistrates, who had sat with Mr Curry on the bench that day.

Mr Curry’s representations

Mr Curry accepted that his behaviour had fallen below the expected standard. He offered his apologies and gave assurances that this would not happen again.

Nominated Committee Member’s findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, the nominated committee member found that Mr Curry had raised his voice at a member of court staff and had been curt and discourteous to the defendant and the member of court staff. Whilst it was acknowledged that Mr Curry had likely not intended to do so, his behaviour had caused damage to the reputation of the judiciary and anxiousness for those involved.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the nominated committee member that formal advice would be a reasonable and proportionate sanction in this case. In reaching their decision, they considered that this was a single incident, and that Mr Curry had no previous findings of misconduct against him.

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