JCIO 12/26

   

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 Paul Gibson JP, a retired magistrate on the supplemental list and formally of the South-East Essex Bench, with formal advice for misconduct.

Facts

All magistrates, upon appointment, sign a declaration and undertaking that includes a commitment to conduct themselves with circumspection and to uphold the reputation and good standing of the magistracy. The Guide to Judicial Conduct requires all judicial office holders to act impartially and treat others with courtesy, tolerance, and respect.

A complaint was made to the South-East Region Conduct Advisory Committee that a verbal altercation took place between Mr Gibson and a defendant at the point when the defendant was sentenced to a custodial sentence. Mr Gibson was alleged to have said that he would give the defendant “a hiding if he continued shouting.” The incident was later referred to in open court during the defendant’s appeal hearing at Crown Court.

Mr Gibson’s representations

Mr Gibson explained that it was a very difficult hearing. He said that the defendant was being abusive to the bench and had begun filming the magistrates on his mobile phone. He accepted he had said that if the defendant was “anything to do with me I would give him a hiding”, however, this had been directed to his colleagues and not the defendant. Mr Gibson said he had allowed himself to be provoked by the defendant, and the difficult and stressful nature of the hearing, and by the fact that he was fearful for his colleagues and himself. He said that this had led him to make the statement. He apologised for his actions and said that on reflection he had let himself down badly.

Nominated Committee Member’s Findings

Following an investigation under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member (NCM) of the South-East Region Conduct Advisory Committee found that Mr Gibson had made reference to giving the defendant a good hiding and that this arose from a single occasion on which he briefly lost his composure while dealing with a difficult and stressful situation. The incident was later referred to in open court during an appeal hearing, extending awareness of the conduct to others present and therefore increasing the impact on public confidence in the magistracy and the seriousness of the incident.

The NCM concluded that Mr Gibson’s actions amounted to misconduct and recommended a sanction of formal advice. In making the recommendation the NCM noted the context in which the brief loss of composure occurred and Mr Gibson’s long unblemished service.

Decision

Mr Justice Keehan and the Lord Chancellor agreed that a sanction of formal advice was reasonable and proportionate in the circumstances. 
 

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