JCIO 49/24

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 Mrs Jean Banford JP, a magistrate on the Cheshire bench, with a formal warning for misusing her judicial status.

Facts

Magistrates sign a declaration and undertaking on appointment, which includes an agreement 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 lives. In addition, the Useful Information for Magistrates published by the Ministry of Justice (2020) states:

“Great care should be taken to avoiding personal reference to your position as a magistrate in circumstances where it could be perceived as an attempt to influence or gain advantage”.

A complaint was made to the North West Conduct Advisory Committee that Mrs Banford referred to her status as a magistrate during a heated dispute with a neighbour about the neighbour’s dog. Mrs Banford was said to have repeatedly emphasised her knowledge of the law given her position as a magistrate, when telling the neighbour that their dog could be destroyed.

Mrs Banford’s representations

In her representations, Mrs Banford accepted that in hindsight her comment could be deemed as inappropriate, but explained that the neighbour’s refusal to accept that the dog was putting people in fear and could be destroyed as a result, caused her to emphasise her knowledge of the law.

Nominated Committee Member’s findings

The allegation was investigated in accordance with The Judicial Conduct (Magistrates) Rules 2023. A nominated committee member of the North West Conduct Advisory Committee considered that Mrs Banford had used her judicial status in an attempt to exert pressure and lend weight to her arguments which is a clear breach of the expected standards of conduct. The nominated committee member did not accept that being a magistrate was sufficient to allow Mrs Banford to know the law and therefore her repeated reference to this was inappropriate. This, and the potential to damage the reputation of the magistracy, amounted to misconduct.

Decision

The nominated committee member took into consideration that Mrs Banford was a long serving magistrate of good character, who willingly shared footage of the interaction and accepted that her comments were inappropriate. Mr Justice Keehan and the Lord Chancellor agreed with the findings and issued Mrs Banford with a formal warning.

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