JCIO 13/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice with the Lord Chancellor’s agreement has issued His Honour Judge (HHJ) Nigel Gerald with formal advice for misconduct.

The Guide to Judicial Conduct reminds judges to be courteous, patient, tolerant and to respect the dignity of all. They should also ensure that their conduct maintains and enhances public confidence in the judiciary.

A barrister, who appeared before HHJ Gerald in court, complained that the judge had behaved in a rude and aggressive manner towards him. The complaint included an allegation that HHJ Gerald had told him to “chill out” and that he had mimicked him in the style of a character from a television sitcom.

An investigation was carried out under the Judicial Conduct (Judicial and other office holders) Rules 2014. Whilst not all the allegations were made out, a nominated judge considered that HHJ Gerald had been discourteous towards counsel by raising his voice and making remarks which showed irritation and a degree of contempt for counsel’s submissions.

The nominated judge recommended that HHJ Gerald should be issued with formal advice. HHJ Gerald accepted the findings of the nominated judge and extended his apologies and regret for his behaviour.

Having considered the facts of the case, the Lady Chief Justice and Lord Chancellor agreed with the nominated judge that HHJ Gerald’s actions fell short of the standards expected of a judge and that his actions amounted to judicial misconduct.

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