JCIO 119/24

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 Mark Gray JP, a magistrate on the Cardiff bench, with formal advice for misconduct.

Facts

Magistrates sign a declaration and undertaking on appointment, which includes an agreement to notify both the bench chair and at the same time the Head of Legal Operations of any matters which may affect their reputation and standing as a magistrate or which could, if they become generally known, risk damage to the reputation and standing of the magistracy. Magistrates also have an obligation to report any involvement in legal proceedings which are coming to court.

An investigation was conducted in accordance with the Judicial Conduct (Magistrates) Rules 2023 after the Wales Conduct Advisory Committee became aware that Mr Gray had not reported to his bench chair and Head of Legal Operations that in the course of his external employment, he had been subject to a disciplinary investigation. The Wales Conduct Advisory Committee was also made aware that Mr Gray had not reported that he had been named as a respondent in Employment Tribunal proceedings which were later withdrawn.

Mr Gray’s representations

In representations, Mr Gray accepted that he did not notify his bench chair or Head of Legal Operations about his involvement in these matters. In respect of the disciplinary investigation, Mr Gray said that he would have reported the matters immediately had he been suspended, received a written warning or been dismissed from his external employment. In respect of the Employment Tribunal proceedings, Mr Gray said that he would have reported the matter had it progressed to a final hearing, and also confirmed that those proceedings had been withdrawn. However, Mr Gray stated that in hindsight, he realised that he should have reported his involvement in these matters at the relevant time. Mr Gray accepted responsibility and showed genuine remorse.

Nominated Committee Member’s findings

A nominated committee member of the Wales Conduct Advisory Committee found that in failing to report his involvement in these matters, Mr Gray had breached his declaration and undertaking. The nominated committee member found that this amounted to misconduct and recommended that Mr Gray be issued with formal advice.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the findings and recommendation of the nominated committee member and issued Mr Gray with formal advice. In making this decision, they took into consideration that Mr Gray had accepted responsibility for his actions, had shown genuine remorse and 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