Statement3124

JCIO 31/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chancellor, with the Lady Chief Justice’s agreement, has removed Mr Timothy Vogel JP of the Norfolk Bench from office after he was the subject of disciplinary proceedings as a member of the Institute of Chartered Accountants for England & Wales (ICAEW), the outcome of which excluded him from membership.

On appointment, magistrates sign a declaration and undertaking to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times in their private, working and public life. They also undertake to report if disciplinary proceedings are taken against them by their employer or by a professional body or association.

Facts and summary process

The summary process in the Judicial Conduct (Magistrates) Rules 2023 enables a secretary of an advisory committee to recommend a magistrate’s removal from office without further investigation in certain circumstances. This includes where they have been removed from the register held by any licensing body following an investigation or proceedings concerning their fitness to practise.

The South-East Region Conduct Advisory Committee was informed by the ICAEW that its Tribunals Committee had heard a formal complaint against Mr Vogel and that he had been excluded from membership of the ICAEW following an investigation. Mr Vogel did not report these proceedings to his Bench Chair or Senior Legal Manager and continued his duties as an active magistrate.

Mr Vogel’s representations

In his representations, Mr Vogel said that he had attempted to resign prior to the conclusion of proceedings, and therefore questioned whether it was accurate to say he been excluded from membership. He did not agree with all of the findings of the ICAEW and did not agree that these matters would have any bearing on his suitability as a magistrate.

The advisory committee considered Mr Vogel’s representations and found that the grounds for removal without further investigation applied. He had been excluded from membership of the ICAEW and had not appealed its findings or decision.

Decision

The Lady Chief Justice and Lord Chancellor agreed with the recommendation to remove Mr Vogel from office.

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