JCIO 89/25

   

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 Ms Jocelyn Harrow JP of the Surrey Local Justice Area with formal advice for misconduct.

Facts

The Guide to Judicial Conduct advises judicial office-holders to seek to be courteous, patient, tolerant and punctual and should respect the dignity of all. In addition, magistrates sign a declaration and undertaking on appointment agreeing to be circumspect in their conduct and to maintain the dignity, standing and good reputation of the magistracy at all times.

A complaint was made that, during a hearing, Ms Harrow inappropriately remarked, “Privately funded, that old ruse” in response to a request for a further adjournment by a defence advocate who was privately funded. The complainant alleged that the comment carried an impression of bias and partiality.

Ms Harrow’s representations

Ms Harrow accepted responsibility and expressed remorse for the remark. While she denied exhibiting bias or partiality, she acknowledged that she had made the comment from frustration in the context of a challenging hearing.

Nominated committee member’s findings

Following an investigation under Judicial Conduct (Magistrates) Rules 2023, a nominated committee member (NCM) of the South-East Region Conduct Advisory Committee found on the balance of probabilities that Ms Harrow had made the comment in question.The NCM found that although the comment was not rooted in actual bias, it could reasonably be perceived by the defence advocate as indicative of bias.

It was accepted that the comment was made during a difficult hearing; however, the NCM found that, by doing so, Ms Harrow breached the standards of conduct expected of a magistrate. The NCM found that Ms Harrow had failed to demonstrate patience and tolerance, and that Ms Harrow’s behaviour amounted to misconduct.

In recommending a sanction of formal advice, the NCM acknowledged that Ms Harrow had accepted full responsibility and expressed regret for the perception created by her comment. The NCM also noted Ms Harrow’s unblemished eight-year record of service and good reputation amongst her peers.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the NCM’s findings and issued Ms Harrow with formal advice. 
 

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