JCIO 75/25

   

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 David Whitehead JP, of the Lincolnshire 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.

The Guide to Judicial Conduct reminds office holders that they should not comment publicly on matters of controversy including the merits, meaning or likely effect of government policy or proposals.

The Midlands Conduct Advisory Committee received a referral after Mr Whitehead phoned into a live LBC radio programme, where he identified himself as a magistrate, and criticised a statement made by a junior government minister regarding the deportation of foreign nationals at sentencing.

Mr Whitehead’s representations

Mr Whitehead stated that he was expressing a personal opinion in a private capacity which did not represent the views of the magistracy. He stated that he only confirmed his judicial status when asked. He argued that he was not commenting on official government policy and that his contribution was balanced and transparent.

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 Whitehead had entered a public debate on a government policy proposal and clearly identified himself as a magistrate whilst doing so. The NCM found that Mr Whitehead’s conduct breached the standards expected of judicial office holders and that his actions risked undermining public confidence in judicial impartiality and independence. The NCM concluded that Mr Whitehead’s conduct amounted to misconduct. In recommending a formal warning, the NCM considered that Mr Whitehead had knowingly engaged in a public political discussion and had showed limited insight into the implications of his actions.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the NCM’s findings and issued Mr Whitehead with a formal warning. 
 

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