JCIO 98/24

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mrs Jane Bailey 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 declaration and undertaking signed by all magistrates on their appointment states that they will be circumspect in their conduct and maintain the good reputation of the magistracy at all times, in their private, working, and public lives. Additionally, guidance for magistrates advises that devices such as mobile phones should be switched off in court.

Following a hearing on 7 October 2024, a report was made to the London Conduct Advisory Committee that Mrs Bailey had used her mobile phone to respond to a personal message from her daughter.

Jane Bailey JP’s representations

Mrs Bailey explained that she had received an important message from her daughter. In a lapse of judgment, which was out of character, she responded to the message. Mrs Bailey accepted that she had acted improperly, for which she apologised. She gave assurances that this had been the only time that she had used her mobile phone in court.

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 Mrs Bailey’s actions risked reputational damage to the magistracy. In agreeing to issue Mrs Bailey with formal advice, they took into consideration her acceptance of responsibility, her apology and the lack of any previous findings of misconduct against her.

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