JCIO 73/25

   

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 John Parfitt JP, of the Gwent Local Justice Area, with a formal warning for misconduct.

Facts

Magistrates sign a declaration and undertaking on appointment to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times, which includes an expectation to display prudent management of financial affairs.

A complaint was made to the Wales Conduct Advisory Committee about Mr Parfitt’s management of the Gwent Bench Social Fund (BSF) in his capacity as a member of the bench leadership team. The complaint alleged irregularities in Mr Parfitt’s management of the BSF, including that Mr Parfitt had not kept accurate records of expenditure, had managed BSF funds through his personal account, and had not maintained transparency with the wider Bench in relation to the BSF.

Mr John Parfitt’s representations

Mr Parfitt accepted full responsibility for inadequate record keeping, and that this fell below the standards of expectation for the bench as well as the standards to which he would normally adhere. Mr Parfitt further accepted that there were a small number of instances where he was handed small cash payments but which he had not promptly deposited. In respect of his personal account, Mr Parfitt explained that due to difficulties in securing a bank mandate for the BSF bank account which were outside his control, it was agreed with the bench leadership team that Mr Parfitt would temporarily manage BSF funds through his personal bank account.

Mr Parfitt referred to a number of significant personal challenges and asked that these circumstances be taken into account alongside his previously unblemished conduct record of 16 years.

Nominated Committee Member’s Findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member (NCM) found that Mr Parfitt had mismanaged the BSF fund in that he had failed to keep accurate records and had failed to make the Gwent magistrates aware of how he had managed the BSF. The NCM also found that although Mr Parfitt’s management of the BSF through his personal bank account was done with the agreement of the bench leadership team, an ordinary member of the public would feel that the running of a bench account through an individual personal account would be inappropriate. There were no findings of misappropriation.

The NCM considered Mr Parfitt’s actions to be inappropriate and reckless and involved an element of abuse of his position as a member of the bench leadership team. The NCM accepted that Mr Parfitt had acted with the intention of supporting Gwent social activities, and that some of Mr Parfitt’s actions were influenced by factors outside of his control but concluded that Mr Parfitt could have been more proactive in making alternate arrangements to administer the BSF. In recommending that Mr Parfitt be issued with a formal warning, the NCM considered that his actions had caused financial harm to the BSF, emotional harm to those bench members aware of the situation and had risked reputational damage to the wider judiciary.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the NCM’s findings that Mr Parfitt’s actions amounted to misconduct. In agreeing to issue Mr Parfitt with a formal warning, they took into consideration Mr Parfitt’s early acceptance of responsibility, steps to rectify his actions including by making payments in good faith into the BSF, and his personal mitigation and unblemished conduct record. 
 

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