JCIO 61/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mr Nick Johnston JP, of the Leicestershire and Rutland Bench with formal advice 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 comply with their responsibilities to promptly report conduct related matters. This includes reporting convictions for driving offences in relation to which:

• any period of disqualification from holding or obtaining a driving licence is imposed, or,
• six penalty points are ordered to be endorsed on the licence, or,
• if a lesser number of points are ordered to be endorsed, the total points then endorsed on the licence exceeds six.

Mr Johnston informed his bench chair that during 2025, he received a total of nine penalty points on his driver’s licence for three separate speeding offences.

Mr Johnston’s representations

Mr Johnston accepted full responsibility for the offences and stated he was deeply ashamed of his behaviour. He explained that the offences occurred whilst he was getting used to driving a new car. He accepted that the offences should not have happened and gave an assurance that it would not happen again. Mr Johnston stated he is fully committed to his role as a magistrate and considers it a privilege to work in the justice system.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the JCIO that Mr Johnston’s actions amounted to misconduct. In agreeing to issue Mr Johnston with formal advice, they took into consideration his acceptance of responsibility, his long unblemished conduct record and his assurance that it would not happen again. 

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