JCIO 112/24

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 Russell Blake JP with a formal warning for serious misconduct.

Facts

Magistrates are expected to comply with the law at all times, and to avoid conduct which could harm public confidence in them as individuals or the magistracy in general.

In August 2024, Mr Blake received a police caution for common assault, namely slapping a teenage member of his family on the upper arm.

Mr Blake’s representations

Mr Blake accepted full responsibility for his actions at the earliest opportunity. While accepting that there could be no excuse for them, he explained that he had lashed out in response to the person shouting and screaming at him and spitting at him during a disagreement. He expressed considerable regret and remorse for his actions, which took place at a difficult time for him and his family.

Nominated committee member’s findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a nominated member of the Wales Conduct Advisory Committee found that Mr Blake’s actions amounted to serious misconduct and recommended that he receive a reprimand, the most serious sanction short of removal from office.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the nominated committee member that Mr Blake’s actions amounted to serious misconduct. However, after carefully considering all the evidence, they decided to issue him with a formal warning, which is a sanction immediately below the level of a reprimand. In coming to this decision, they considered several mitigating factors, examples of which included:

• The circumstances in which the act took place.

• The fact that it was a single instantaneous response to behaviour by the person in question, which included spitting at Mr Blake.

• The challenging circumstances which Mr Blake was experiencing at the time, including long-term health difficulties and wider family difficulties.

• His immediate and full acceptance of responsibility and the fact that he deeply regretted what he had done. His lengthy and previously unblemished record of service as a magistrate, along with evidence that he had acted out of character.

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