Magistrate disciplined after comment to foreign defendant

A magistrate was disciplined after rebuking a foreign defendant for "coming to our shores and abusing our hospitality".

The unnamed official's remark "fell short of the qualities of social awareness and sound judgment expected of the judiciary", the Office for Judicial Complaints (OJC) said.

But the magistrate was allowed to continue in his role after being reprimanded, completing further training and being removed from a mentoring list.

His long service, apology and contrition were taken into account.

In its annual report, the OJC said it investigated the complaint after the magistrate told a "non-British" defendant: "We take exception to people coming to our shores and abusing our hospitality."

The comment could have been construed as "displaying prejudice", the OJC found.

In a separate incident, another magistrate was reprimanded and told to take further training after failing to return to court to issue an adjudication following a "disagreement" with bench colleagues in the retiring room.

An OJC spokesman said it would not release the two magistrates' names or details of the cases and courts involved.

But Sheridan Greenland, head of the OJC, stressed the organisation had worked to "improve openness".

"In the last year, to improve openness, we have made public statements in each case where someone has been removed from the judiciary.

"The introduction of an online complaints form is improving accessibility to the system and we have increased the number of complaints resolved within 90 days," he said.

The complaints were among more than 1,500 made against "judicial office holders" in 2009/10 - a rise of 18% on the previous year, the OJC said.

More than half (59%) related to judicial decisions and were unable to be considered under the regulations.

A further 27% related to alleged inappropriate behaviour or comments and 5% to claims of discrimination.

The OJC said 25 magistrates, two judges and a tribunal member were removed from office in 2009/10 following investigations.

Reasons for the action included 12 failures to "fulfil judicial duties", five cases of civil proceedings or criminal convictions, six of inappropriate behaviour, three of professional misconduct, one each for a conflict of interest and motoring offences.

A further 11 judiciary members were reprimanded and 11 more given formal advice or a warning.

There were 18 resignations during conduct investigations, the OJC said.