JCIO 36/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued His Honour Judge Steven Everett (‘HHJ Everett’) with a sanction of formal advice for misconduct.

The Guide to Judicial Conduct states that judicial office holders’ conduct should uphold the status of judicial office, the commitment made in the judicial oath and the confidence of litigants in particular and the public in general. They should seek to be courteous, patient, tolerant and punctual and should respect the dignity of all. They should ensure that no one in court is exposed to any display of bias or prejudice from any source.

At a sentencing hearing in October 2023 HHJ Everett, in passing sentence on a defendant for an offence of controlling or coercive behaviour (together with allied related offences of common assaults), commented upon a pre-sentence report that noted a difference of cultural approach between the defendant’s background and that of persons in this country. HHJ Everett believed the defendant had sought to minimise his behaviour by blaming the different culture in which he grew up in Hong Kong.

Following an investigation carried out under the Judicial Conduct (Judicial and other office-holders) Rules 2014, a nominated judge understood why HHJ Everett thought it necessary to address the issue of culture but found that HHJ Everett’s sentencing remarks, included negative generalisations that amounted to misconduct.

Whilst the Lady Chief Justice accepted that HHJ Everett’s intention was to address the attempt by the defendant to minimise his behaviour, and that he was speaking extempore, the Lady Chief Justice agreed with the nominated judge that HHJ Everett expressed himself in a way that gave rise to a perception of prejudice.

The Lady Chief Justice and Lord Chancellor agreed with the nominated judge’s recommendation.

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