JCIO 42/25

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 Mrs Marisa Austin-Knowles JP of the Merseyside bench with a formal warning for misconduct.

Facts
Magistrates sign a declaration and undertaking on their appointment, which includes agreeing to report to their bench chair and senior legal manager if they are personally involved in legal proceedings. Mrs Austin-Knowles attended a magistrates’ court hearing in a personal capacity. At the hearing, she mentioned to the court usher that she was a magistrate and was subsequently recognised by the legal advisor present in court, which resulted in the hearing having to be vacated and the case transferred to a different area. Mrs Austin-Knowles had not otherwise reported her personal involvement in these proceedings to her bench chair or senior legal manager. This matter was dealt with, by consent, under the expedited process in the Judicial Conduct (Magistrates) Rules 2023, which enables the Judicial Conduct Investigations Office (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 Lord Chief Justice would be very likely to decide amounted to misconduct; and
(c) the JCIO considers that the Lord Chancellor and the Lord Chief Justice would be very likely to decide that formal advice or a formal warning was the appropriate disciplinary sanction.

Mrs Austin-Knowles’ representations

Mrs Austin-Knowles did not dispute the facts of the matter and apologised. She explained that she had not realised that she needed to inform her bench leadership about her involvement in the proceedings and that she thought it had been sufficient that she had mentioned in other correspondence to the court and to the court usher on the day that she was a magistrate.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with advice from the JCIO that Mrs Austin-Knowles’ failure to report her involvement in court proceedings amounted to misconduct. In deciding to issue her with a formal warning they took into consideration that Mrs Austin-Knowles’ actions had resulted in a hearing having to be vacated, thereby wasting court resources.

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