JCIO 83/24

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 Jonathan Dannatt JP of the Staffordshire Bench with a formal warning for misconduct.

Facts

On appointment, magistrates sign a declaration and undertaking, which includes a commitment to maintain the dignity, standing and good reputation of the magistracy. The Guide to Judicial Conduct reminds office holders to be courteous, patient, tolerant and to respect the dignity of all.

A complaint was made about Mr Dannatt’s behaviour in court while sitting as Presiding Justice. It was alleged that after the bench delivered their verdict in a case, Mr Dannatt said, “shit” and told a witness to “get out of here”. Another person present recalled that he said, “This is shit” and then said to the witness, “I am sick of seeing you, get out”. The witness left the courtroom and was shocked and embarrassed by the incident.

Mr Dannatt’s representations

Mr Dannatt accepted that he said, “This is shit” and asked the witness to leave in a manner that may have appeared abrupt. He did not believe he said, “I am sick of seeing you, get out of here”. He explained that his outburst arose from his concerns about the impact of the sentence on the defendant and his family, and the reaction of the witness to this result.

Mr Dannatt recognised that his comments were unacceptable and had upset other court users. He accepted that he failed the witness according to the judicial oath. He was horrified that he had behaved in this way, was profoundly sorry and would ensure it never happened again. He expressed that being a magistrate is very important to him. He cited his unblemished record of 17 years as a magistrate, including 14 as a Presiding Justice.

Findings

The complaint was considered by a nominated committee member of the Midlands Conduct Advisory Committee in accordance with the Judicial Conduct (Magistrates) Rules 2023. The nominated committee member found that Mr Dannatt said, “This is shit” and told the witness to “get out”. She found that this amounted to serious misconduct. Mr Dannatt’s language and behaviour significantly breached the expected standards of conduct. The risk of reputational damage to the magistracy was significant and the witness experienced emotional distress.

In recommending a formal warning, the nominated committee member took into account that Mr Dannatt had an unblemished record of over 17 years. Furthermore, he had shown genuine remorse and insight and been reflective about the process. He had co-operated promptly and comprehensively both when initially approached by his bench chair and later during the formal conduct investigation. On both occasions, he accepted that his behaviour was unacceptable and had a negative impact on others, and apologised.

Decision

Having considered the mitigation offered by Mr Dannatt, Mr Justice Keehan and Lord Chancellor agreed with the nominated committee member’s recommendation.

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