JCIO 58/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mr Alistair Borland JP with a sanction of formal warning for misconduct.

Facts

The expedited process in the Judicial Conduct Magistrates Rules 2023 enables the JCIO to advise the Lord Chancellor and the Lord 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 Lord Chief Justice would be very likely to decide amounted to misconduct;
and (c) the JCIO considers that the Lord Chancellor and the Lord 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.

The Conduct Advisory Committee on Justices of the Peace for the South-East Region received a complaint from a company that Mr Borland JP had intervened in a contractual dispute between itself and a former tenant. The complaint being that in doing so Mr Borland JP had made a number of inappropriate express and implied references to his position as a magistrate.

Mr Borland JP’s representations

Mr Borland JP accepted that he had done so and that his conduct may have breached his declaration and undertaking as a magistrate and offered his apologies.

Mr Borland JP explained that his intervention was in a context where he believed the tenant had difficult personal circumstances and the remedy being sought by the company was unduly harsh.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor considered the advice from the Judicial Conduct Investigations Office. They were not satisfied that a sanction of formal advice was sufficient in this case and decided to issue Mr Borland with a formal warning. In reaching their decision they took into account Mr Borland’s immediate acceptance of the facts and his apology, as well as his previous unblemished conduct record. However, they found that Mr Borland had used his status as a magistrate to add pressure on the company not to take further action against the former tenant. His actions had seriously risked undermining public confidence in his impartiality and had reputational implications for the magistracy.

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