JCIO 113/24

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 Michael Berry JP with a formal warning for misconduct.

Facts

Magistrates sign a declaration and undertaking on appointment to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times.

A complaint was made to the South East Region Conduct Advisory Committee that Mr Berry made an inappropriate comment in the retiring room to colleagues. It was alleged that Mr Berry made a remark was about how he would deal with youth offenders who appeared before him by cutting off parts of their anatomy.

It was also alleged that Mr Berry made a sexist and offensive comment later the same day towards a female colleague about how she shouldn’t bother her “pretty little head…”.

Mr Berry’s representations

Mr Berry confirmed that he had made the comments about youth offenders, which were along the lines of what was alleged. He stated that it was intended as a joke and did not reflect his actual views. He did not consider the comments to be derogatory to court users. Whilst Mr Berry did not recall making the comments to a female colleague, he confirmed that it was possible. He expressed his concern that the complaint had been made and that his colleague had misinterpreted his sense of humour.

Nominated Committee Member’s findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member (NCM) found that Mr Berry had made inappropriate comments, which were offensive and derogatory. In doing so, he had failed to act with circumspection, and had failed to treat the subjects of the comments with dignity and respect.

In recommending that Mr Berry be given a reprimand, the NCM considered that whilst Mr Berry had not intended any malice, he should have known that his comments were inappropriate, offensive and reckless. The NCM was concerned that Mr Berry had not taken any responsibility for his actions and did not understand the seriousness of his comments. The NCM considered there to be a significant risk of reputational harm to the magistracy if it happened again.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the NCM’s findings that Mr Berry’s actions amounted to misconduct. They took into consideration Mr Berry’s long unblemished conduct record and concluded that it would be more proportionate to issue Mr Berry with the lesser sanction of 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