JCIO 55/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Miss Tessa Smith with formal advice for misconduct.

Facts

The expedited process in the Judicial Conduct Magistrates Rules 2023 enables the JCIO to advise the Lord Chancellor and the Lady Chief Justice that a magistrate should be issued with formal advice or a formal warning where—
(a) there is no dispute as to the facts set out in the complaint;
(b) the alleged facts relate to conduct which the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide amounted to misconduct; and
(c) the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide that formal advice or a formal warning was the appropriate disciplinary sanction.

The declaration and undertaking signed by all magistrates on their appointment states that they will agree to be circumspect in their conduct and maintain the good reputation of the magistracy at all times, in their private, working and public lives. Additionally, guidance for magistrates advises that great care should be taken to avoid personal reference to their position as a magistrate in circumstances where it could be perceived as an attempt to influence or gain advantage. This also applies to writing references, particularly where the reference has no connection with a magistrate’s duties.

The North West Conduct Advisory Committee (NWCAC) received a referral about a reference relied on by a defendant in a criminal case, which was given by Miss Tessa Smith JP. In the reference, Miss Smith described her own judicial role and used the JP suffix.

Tessa Smith JP’s representations

Miss Smith took full responsibility of her actions and apologised. Miss Smith explained that she had been a magistrate for less than a year. She accepted that she should not have used the JP suffix and should have given the reference in a personal capacity.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the JCIO that Miss Smith’s actions had amounted to misconduct. In agreeing to issue Miss Smith with formal advice, they took into consideration that she accepted responsibility for her actions and gave assurances as to her future conduct.

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