JCIO 44/26

   

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 Alex Yip JP, of the Midlands and Solihull Bench, with a formal warning 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 states that magistrates who are involved in political activity should guard against any perception that their involvement is in their judicial capacity. They should not comment publicly on the merits, meaning or likely effect of government policy.

Mr Yip was referred to the Midlands Conduct Advisory Committee regarding his use of social media. In a post on his Cllr Alex Yip social media account, Mr Yip had identified himself as magistrate and posted a letter he had sent to David Lammy, Lord Chancellor, Secretary of State for Justice and Deputy Prime Minister, outlining his concerns over sentencing reforms.

Mr Yip’s representations

Mr Yip said that the letter was issued in his capacity as a councillor and accepted that sharing the letter on social media was inappropriate. He said that he had referenced his magistrate experience in the letter to convey his understanding of the subject matter, not gain advantage. Mr Yip apologised for his actions, accepted responsibility, expressed regret, and took immediate remedial action to remove any reference to his magisterial status from the social media post.

Nominated committee member’s findings

Following an investigation under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member of the Midlands Conduct Advisory Committee found that Mr Yip had posted a letter on social media in which he identified himself as a magistrate and which could have been perceived as questioning government policy. The nominated committee member determined that Mr Yip had failed to abide by his Declaration and Undertaking to be circumspect in his conduct and that his actions conflicted with the core principles of judicial independence, integrity and impartiality.

The nominated committee member concluded that Mr Yip’s actions amounted to misconduct and recommended a sanction of a formal warning. In making the recommendation the nominated committee member took into account that a concern regarding Mr Yip’s use of social media had previously been raised in 2021 and considered that the present misconduct indicated a failure to follow through on the lessons learned and assurances given at that time. The nominated committee member also took into account Mr Yip’s 16 years’ service as a magistrate, acceptance of responsibility and the immediate remedial steps to amend the post without prompting.

Decision

Mr Justice Keehan and the Lord Chancellor agreed that a sanction of a formal warning 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