JCIO 71/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mr Steven Kinchington JP of the Leicestershire and Rutland Local Justice Area with formal advice for misconduct.

Facts

The Guide to Judicial Conduct reminds office holders to avoid situations which might reasonably reduce respect for judicial office or might cast doubt upon their independence, impartiality or integrity.

The declaration and undertaking signed by all magistrates on their appointment states that they will agree to be circumspect in their conduct and maintain the good reputation of the magistracy at all times. They must also ensure that their actions are free from any political, racial, sexual or other bias.

HMCTS staff referred information to the Midlands Conduct Advisory Committee, which raised a concern that Mr Kinchington had used his position as a magistrate to obtain information about a case in which he had no involvement.

This matter was dealt with, by consent, under the expedited process in the Judicial Conduct (Magistrates) Rules 2023. The expedited process 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.

Mr Kinchington’s representations

Mr Kinchington took full responsibility for his actions and apologised. He explained that he had made a basic enquiry to the court to check the legitimacy of a fine in order to assist an acquaintance, and that he was unaware at the time that such an enquiry was not permitted. Mr Kinchington stated that he now appreciates that his actions were inappropriate.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the Judicial Conduct Investigations Office that Mr Kinchington’s actions amounted to misconduct. They agreed that his actions demonstrated a lack of judgement, which risked undermining public confidence.

In agreeing to issue Mr Kinchington with formal advice, they took into consideration that he had taken full responsibility for his actions, had apologised and had no previous findings of misconduct against him since his appointment in 2015. 
 

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