JCIO 32/23
Date: 23 October 2023
A spokesperson for the Judicial Conduct Investigations Office Said:
The Lord Chancellor, with the Lord Chief Justice’s agreement, has removed Mr David Cartwright-Powell from the magistracy for failure, without a reasonable excuse, to meet the minimum sittings required of a magistrate and for failure to maintain contact with his bench chair.
On appointment, magistrates sign a declaration and undertaking. In doing so, they make a commitment to sit for at least 13 days (or 26 half-days) a year. They are also expected to keep in regular contact with their bench chair and be able to demonstrate commitment and reliability. The summary process in the Judicial Conduct (Magistrates) Rules 2014 enables an advisory committee to recommend a magistrate’s removal from office without further investigation where that magistrate has failed, without a reasonable excuse, to meet their minimum sittings requirements.
In recommending Mr Cartwright-Powell’s removal from office, the London Conduct Advisory Committee concluded that he had failed to return from a period of authorised absence. Additionally, he failed to respond to communications about his absence and did not engage in the disciplinary process. The Lord Chief Justice and the Lord Chancellor therefore agreed with the recommendation to remove Mr Cartwright-Powell from office.
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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