JCIO 38/23

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 Mr Mohammad Usman Khan JP of the Lancashire bench with formal advice for misconduct, after he received six penalty points for holding his mobile phone whilst driving.

Judicial office-holders are required to show respect for and observance of the law. On 27 June 2023, Mr Khan was stopped by the police for holding his phone whilst driving. He was issued with a penalty notice.

Mr Khan accepted that he was holding his phone and regretted his actions, which was in part because he was moving his phone from an unsafe position.

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2014, a conduct panel found that the magistrate’s accrual of six penalty points represented a failure to display respect for and observance of the law and amounted to misconduct.

In mitigation, the panel accepted that Mr Khan had reported the incident promptly, expressed genuine remorse, and cooperated with the disciplinary process. The conduct panel also acknowledged that Mr Khan had a previously unblemished record of conduct during his 14 years of service as a magistrate.

The panel recommended a sanction of formal advice. Mr Justice Keehan and Lord Chancellor agreed with the panel’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