JCIO 97/24

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 Ms Susan Holcroft JP of the Leicestershire & Rutland Bench with formal advice 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.

Three separate complaints were made about Ms Holcroft’s behaviour during three court sittings. The complaints were made by staff and were similar in nature. They included allegations that Ms Holcroft undermined a staff member in open court by interjecting abruptly, questioned the validity of advice provided by staff, disregarded reasonable requests by staff for more time to be able to prepare or start the court, and raised her voice in court. They also complained about fractious interactions involving Ms Holcroft, and the manner of some of her questioning.

Ms Holcroft’s representations

In her representations, Ms Holcroft denied that she acted inappropriately and questioned why the matters complained of were not raised in a post court review. She believed the complaints wrongly singled her out for decisions and actions taken by the bench as a whole.

Findings

The complaints were 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 the majority of the allegations in the first two complaints were proved. However, the third complaint lacked the specificity needed for Ms Holcroft to be able to respond to it given the lapse of time.

In relation to the first two complaints, the nominated committee member found that Ms Holcroft did not treat court users respectfully and courteously and was not mindful of her position of authority, particularly in relation to less experienced staff. She also showed a lack of self-awareness of how her words and behaviour could affect others. While she may have been motivated by a desire to be an authoritative and effective chair, she did not act professionally and failed to build effective working relationships. Her behaviour amounted to misconduct.

The nominated committee member acknowledged Ms Holcroft’s previously unblemished conduct record. However, in recommending a sanction of formal advice, he took into account her failure to take accountability or show insight into her behaviour.

Decision

Mr Justice Keehan and Lord Chancellor agreed with the nominated committee member’s recommendation and issued Ms Holcroft with formal advice.

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