JCIO 43/26

   

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mrs Amanda Clark JP, a magistrate on the Lancashire Bench, with formal advice for misconduct.

Facts

Magistrates sign a declaration and undertaking upon appointment which includes a commitment to report to their Bench Chair and Senior Legal Manager any personal involvement in legal proceedings. Failure to do so may amount to misconduct.

Mrs Clark provided a witness statement to a local council in relation to an incident she witnessed. She did not report her involvement in the resulting proceedings to her Bench Chair or Senior Legal Manager. While sitting as a magistrate, she recognised that a case before the court related to the same matter in which she had provided evidence. The case was then transferred to a District Judge.

With Mrs Clark’s consent, this matter was considered under the expedited process in the Judicial Conduct (Magistrates) Rules 2023. The expedited process allows the JCIO to advise the Lord Chancellor and Mr Justice Keehan that formal advice or a formal warning should be issued where the facts are not in dispute and the conduct is very likely to amount to misconduct warranting one of those outcomes.

Mrs Amanda Clark’s representations

Mrs Clark did not dispute the facts. She stated that it had not occurred to her that she needed to notify Bench leadership of her involvement and apologised for her oversight.

Decision

After careful consideration, Mr Justice Keehan and the Lord Chancellor agreed with the JCIO’s recommendation to issue Mrs Clark with formal advice. In reaching that decision, they took account of Mrs Clark's admission of misconduct, her immediate disclosure of the issue once she recognised the case, and her apology. They also took into consideration that, while the case had to be transferred to a District Judge because of Mrs Clark's involvement as a witness, there was no evidence that the proceedings were otherwise affected, aborted or unable to continue on the day. 
 

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