JCIO 59/24

A spokesperson for the Judicial Conduct Investigations Office said:

The Lady Chief Justice, with the Lord Chancellor’s agreement, has issued Deputy District Judge Sarah Ellis (“the judge”) with a sanction of formal advice for misconduct.

Facts

The expedited process in the Judicial Conduct Rules 2023 enables the JCIO to advise the Lord Chancellor and the Lord Chief Justice that the magistrate concerned 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 general threshold for which driving offences such as speeding may trigger a finding of misconduct is receiving six points or more for a single offence or more than six points accrued for multiple offences.

In June 2023, the judge received a speeding conviction after she was stopped by the police for travelling substantially above the speed limit on an A-road. The conviction resulted in six penalty points, a fine, victim surcharge and costs, all of which amounted to nearly £1,000.

The judge’s representations

The judge, who self-reported her conviction to the JCIO, explained that the circumstances of her conviction were unusual. She was driving alone in the late evening in a rural area. She was subjected, over a period of time, to unprovoked aggressive and erratic driving by a transit van driven by two men. This caused her to fear for her safety and eventually to speed up in an attempt to get away from the vehicle. The magistrates’ court accepted her account of the incident.

The judge stated that she had not intended to break the law and was deeply sorry for having done so. This was a unique set of circumstances. Her actions, which she accepted were flawed, did not reflect her usual approach to driving.

Decision

The Lady Chief Justice and the Lord Chancellor agreed with advice from the JCIO that by incurring a conviction for travelling substantially above the speed limit, the judge’s actions amounted to misconduct. In agreeing to issue her with a sanction of formal advice rather than a more serious sanction, they took into account the circumstances in which the offence took place, the judge’s acceptance of responsibility for her actions and her apology.

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