JCIO 90/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mr Edwin Hastings-Smith JP with formal advice for misconduct.

Facts

The expedited process in the Judicial Conduct Magistrates Rules 2023 enables the JCIO to advise the Lord Chancellor and the Lady 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 Lady Chief Justice would be very likely to decide amounted to misconduct; and
(c) the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide that formal advice or a formal warning was the appropriate disciplinary sanction.

The Guide to Judicial Conduct reminds office holders that they should seek to be courteous, patient, tolerant and should respect the dignity of all. 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.

A complaint was forwarded to the South East Region Conduct Advisory Committee after it was alleged that Mr Hastings-Smith, upon sentencing a defendant remarked, “You have had your day of freedom, now back to prison. Sweet dreams.” The complaint, which was made by a custody suite manager, stated that the comment was unnecessary and caused an angry reaction from the defendant, which put the prison officer, who accompanied the defendant, at risk of injury.

Mr Hastings-Smith’s representations

Mr Hastings-Smith took full responsibility for making the comment, which he described as inappropriate, unnecessary and unacceptable. He offered his apologies to the defendant and the prison officer for any distress and offence caused.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the Judicial Conduct Investigations Office that Mr Hastings-Smith’s remark amounted to misconduct. His remark was inappropriate in the circumstances and had placed the prison officer at unnecessary risk of injury. It also had the potential to damage the reputation of the wider magistracy in the eyes of those present in the court room.

In agreeing to issue Mr Hastings-Smith with formal advice, they took into consideration that he had apologised for his actions and 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