JCIO 45/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lord Chancellor, with the Lady Chief Justice’s agreement, has removed Mrs Jayne Harding JP, of the South West London Bench, from the magistracy for failure, without reasonable excuse, to meet the minimum sitting requirements of a magistrate.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to complete the required minimum number of sittings or, if they fail to do so without acceptable reason, resign.

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.

Mrs Harding has not met her minimum sitting requirements since June 2019. She was subject to a previous conduct investigation, which concluded in March 2023. During the investigation she made no attempt to engage with her bench chair. The bench chair re-established contact with Mrs Harding following the conduct investigation and Mrs Harding agreed that she would return to regular sittings and undertake any necessary training to enable a return to her duties.

Whilst Mrs Harding contacted the bench chair on a number of occasions to advise that there were several health issues impacting upon her ability to undertake sittings, she gave no indication of a return to sitting date or when she would next engage and provided no contact details.

Mrs Harding’s representations

Mrs Harding responded to the London Conduct Advisory Committee’s invitation for her representations but did not directly engage with the question as to why she should not be removed from office.

The London Advisory Conduct Committee’s recommendation

The advisory committee found that Mrs Harding had failed to engage in any meaningful way, had not demonstrated the commitment and reliability expected of a magistrate and had failed to comply with the magistrate’s declaration and undertaking. The advisory committee recommended Mrs Harding’s removal from office given the ongoing and lengthy absence, and her unwillingness to undertake required training, or to resign.

Decision

The Lord Chancellor and Lady Chief Justice agreed with the recommendation to remove Mrs Harding 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