JCIO 28/25

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 Shirley Holmes JP with a formal warning for misconduct.

Facts

The expedited process in the Judicial Conduct Magistrates Rules 2023 enables the JCIO to advise the Lord Chancellor and the Lady Chief Justice that a magistrate should be issued with formal advice or a formal warning where—

(a) there is no dispute as to the facts set out in the complaint;
(b) the alleged facts relate to conduct which the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide amounted to misconduct; and
(c) the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide that formal advice or a formal warning was the appropriate disciplinary sanction.

The Guide to Judicial Conduct states that judicial office-holders are expected to show ‘respect for the law and observance of the law’ and they should ‘avoid situations which might reasonably reduce respect for judicial office or might cast doubt upon their judicial impartiality, or which might expose them to charges of hypocrisy by reason of their private life.’

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

In April 2025, Mrs Holmes received a conditional caution following an altercation with a member of the public in a supermarket car park. During the incident, she removed the individual's Bluetooth headset and threw it into the individual’s car.

Shirley Holmes JP’s representations

Mrs Holmes took full responsibility for her actions and was sincerely regretful. She acknowledged that her actions were unbecoming of a magistrate.

However, she stated that she was provoked after the individual made remarks which she considered to be misogynistic, during an argument in which the individual had falsely accused her of misusing the car park.

Mrs Holmes stated that at the time, she was also experiencing challenges in her personal life.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the JCIO that Mrs Holmes’ actions posed a risk of reputational damage to the magistracy. In agreeing to issue her with a formal warning, they took into consideration her acceptance of responsibility, the mitigating circumstances, her remorse, and the absence of any prior findings of misconduct.

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