JCIO 61/24

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 Mr Jeremy Betts JP with formal advice for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to be circumspect in their conduct and to maintain the dignity, standing and good reputation of the magistracy at all times.

Mr Betts and his colleagues were sentencing a youth following the recent imposition of a 24-month Detention & Training Order (DTO) at the Crown Court. The defence advocate made representations to the bench regarding the recent sentence and the sentencing remarks of the judge who, in the knowledge of the upcoming case at the Youth Court, said they had sentenced the youth with the intention that no additional sentence would be added.

It was alleged that, following these representations, Mr Betts said, “I’m not having some judge tell me what to do”.

Mr Betts’ representations

In his representations Mr Betts denied that he had made the comment in open court but admitted that he had made the comment, or a variation of it, in the retiring room.

Conduct panel’s findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2014, a conduct panel found that, on the balance of probabilities, Mr Betts had made the comment in open court as alleged.

The panel considered that Mr Betts’ behaviour amounted to misconduct and recommended that he should be issued with formal advice.

In making its recommendation, the panel considered that Mr Betts made an audible comment, whilst sitting as a magistrate, which indicated an unprofessional and/or discourteous attitude towards another judge and which risked bringing the magistracy into disrepute.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the panel that formal advice would be a reasonable and proportionate sanction in this case. In reaching their decision they took into account that Mr Betts had no previous findings of misconduct against him.

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