JCIO 57/25

   

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 Mr Clive Powell JP of the Avon and Somerset Bench with formal advice for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to maintain the dignity, standing and good reputation of the magistracy. The Guide to Judicial Conduct reminds office holders to be courteous, patient, tolerant and to respect the dignity of all. A complaint was made about Mr Powell’s conduct during a judicial training session. It was alleged that he disrupted the session by aggressively criticising the course content, which he described as offensive, and by challenging the trainers. It was further alleged that Mr Powell raised his voice, persisted in pressing his concerns despite efforts to move the session on, and remarked to another delegate that the session was “a day of his life he would not get back.” Other delegates reportedly felt uncomfortable and suggested that Mr Powell could leave or raise his concerns through appropriate channels.

Mr Powell’s representations

Mr Powell denied behaving inappropriately or as described. He stated that other magistrates had also raised concerns about the training and alleged that the trainers were dismissive and unwilling to engage. He explained that the session caused him significant distress due to previous personal experiences, and this had a serious adverse impact on his wellbeing. He also cited additional personal circumstances affecting him at the time and alleged that the course designers and trainers had failed in their duty of care.

Nominated Committee Member’s Findings

The complaint was considered by a nominated committee member (NCM) of the South-East Region Conduct Advisory Committee in accordance with the Judicial Conduct (Magistrates) Rules 2023.

The NCM found that Mr Powell had behaved in the manner complained of, and that this amounted to misconduct. The NCM found that, while Mr Powell’s personal experiences provided context, they did not excuse his behaviour. The NCM concluded that Mr Powell had several more appropriate options available to him, including seeking exemption from the training or raising concerns through appropriate channels. Instead, the NCM found that he behaved in a manner that was clearly inappropriate, discourteous, and unprofessional. The harm and risk of harm to the trainers and other delegates was considered significant.

The NCM noted that Mr Powell is an experienced magistrate, holds a leadership role as a bench chair, and had not demonstrated contrition or awareness of the impact of his behaviour on others. However, the NCM recommended a sanction of formal advice, acknowledging Mr Powell’s length of service as a magistrate, and his personal circumstances, which were considered significant mitigation.

Decision

Having considered the mitigation offered by Mr Powell, Mr Justice Keehan and the Lord Chancellor agreed with the NCM’s recommendation. 

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