JCIO 74/24

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 Thomas Rock JP with a formal warning for misconduct.

Facts

Magistrates sign a declaration and undertaking on appointment to be circumspect in their conduct and maintain the dignity, standing and good reputation of the magistracy at all times.

A complaint was made to the North West Region Advisory Committee about a comment which Mr Rock had made during a panel discussion with fellow magistrates in the retiring room. The panel was due to hear a case of possession of the controlled drug, Khat in the afternoon session. During the discussion, it was mentioned that Khat was commonly used in Pakistan. In response, Mr Rock made the remark that they had to keep people in Pakistan subdued or they’d be off joining the Taliban.

Mr Rock’s representations

Mr Rock expressed his concern that the complaint had been made and explained that he was previously unfamiliar with the term ‘Khat’ and had been trying to enlighten himself by discussing it with a colleague.

He explained his belief that high levels of poverty in Pakistan, where it borders with Afghanistan and where there is a Taliban presence, feeds into the recruitment into rival gangs/factions operating in the use and production of drugs.

Nominated Committee Member’s findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member found that Mr Rock had failed to act with circumspection, had indicated an unconscious bias about people from a certain group and had not shown any awareness of how his words and behaviour could affect others.

In recommending that Mr Rock be given formal advice, the nominated committee member considered that it had been a single ill-judge remark that had been made in the privacy of the retiring room and was made without malice.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the nominated committee member’s findings that Mr Rock’s actions amounted to misconduct. They were concerned that Mr Rock had been unable to reflect on the seriousness of his comments and how it may impact on his judgment in future. They decided that it was appropriate in this case to issue Mr Rock with the more serious sanction of 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