Office for Judicial Complaints
Encyclopedia
The Office for Judicial Complaints (OJC) is an office within the United Kingdom
Ministry of Justice
which manages the handling of complaints against judge
s and magistrate
s.
reform. It exists to support the Lord Chancellor
and Lord Chief Justice (and the Lord President of the Court of Session
in respect of Scotland) consider and decide upon complaints against members of the judiciary. The current judicial discipline arrangements, under which the Lord Chancellor and Lord Chief Justice/Lord President handle complaints and disciplinary action, were established by Part 4 the Constitutional Reform Act 2005
.
, wife of Tony Blair
(who until recently had been Prime Minister of the United Kingdom
), was sitting as a Recorder
in a case where a man was found guilty violent assault
in which he broke another man's jaw in a queue in a bank. Mrs Booth prevented the man from going to prison. "Mrs Blair said he was a 'religious person' who had not been in trouble before." A number of complaints were made to the Office for Judicial Complaints pointing out that under English law
everyone is equal under the law and individual religious beliefs cannot be reasons for the guilty to be given privileged treatment. On 10 June 2010 the OJC issued a statement saying that the investigation had found that "Recorder Booth’s observations did not constitute judicial misconduct".
Peter Smith
was given a formal reprimand by the Lord Chief Justice following behaviour which the Court of Appeal
strongly criticised as "extraordinary", "intemperate" and "regrettable". The judge, who had failed to gain a position with the law firm Addleshaw Goddard
, refused to stand down from hearing a case in which a partner in the firm was a party. The Court of Appeal had concluded that "the approach adopted by the judge ... provides strong support for [counsel]'s submissions that the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the judge was biased against Addleshaw Goddard and its partners, one of whom is the first claimant".
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Ministry of Justice
Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...
which manages the handling of complaints against judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s and magistrate
Magistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
s.
Origin
The OJC was created in 2004 as part of the Labour government's programme of constitutionalConstitution of the United Kingdom
The constitution of the United Kingdom is the set of laws and principles under which the United Kingdom is governed.Unlike many other nations, the UK has no single core constitutional document. In this sense, it is said not to have a written constitution but an uncodified one...
reform. It exists to support the Lord Chancellor
Lord Chancellor
The Lord High Chancellor of Great Britain, or Lord Chancellor, is a senior and important functionary in the government of the United Kingdom. He is the second highest ranking of the Great Officers of State, ranking only after the Lord High Steward. The Lord Chancellor is appointed by the Sovereign...
and Lord Chief Justice (and the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
in respect of Scotland) consider and decide upon complaints against members of the judiciary. The current judicial discipline arrangements, under which the Lord Chancellor and Lord Chief Justice/Lord President handle complaints and disciplinary action, were established by Part 4 the Constitutional Reform Act 2005
Constitutional Reform Act 2005
The Constitutional Reform Act 2005 is an Act of the Parliament of the United Kingdom. It provided for a Supreme Court of the United Kingdom to take over the existing role of the Law Lords as well as some powers of the Judicial Committee of the Privy Council, and removed the functions of Speaker of...
.
Investigation of complaints
Complaints about the conduct of judges or magistrates are not investigated by the civil servants who make up the Office for Judicial Complaints. Once the OJC has determined that the complaint needs investigation, a preliminary investigation is conducted by a 'nominated judge' who reports to the Lord Chancellor and the Lord Chief Justice. If a further, more detailed, investigation is required, this is carried out by an 'investigating judge'. Any disciplinary action required is taken by the Lord Chancellor and the Lord Chief Justice.Cherie Booth QC
On 23 January 2010 Cherie Booth QCQueen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
, wife of Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
(who until recently had been Prime Minister of the United Kingdom
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...
), was sitting as a Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
in a case where a man was found guilty violent assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
in which he broke another man's jaw in a queue in a bank. Mrs Booth prevented the man from going to prison. "Mrs Blair said he was a 'religious person' who had not been in trouble before." A number of complaints were made to the Office for Judicial Complaints pointing out that under English law
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
everyone is equal under the law and individual religious beliefs cannot be reasons for the guilty to be given privileged treatment. On 10 June 2010 the OJC issued a statement saying that the investigation had found that "Recorder Booth’s observations did not constitute judicial misconduct".
HH Judge Trigger
On 18 May 2010, the OJC issued a statement reporting that, following investigation, the Lord Chief Justice had given Judge Trigger 'formal advice' following comments he made whilst passing sentence in a case in July 2009. He had said to the defendant that "your case illustrates all too clearly the completely lax immigration policy that exists and has existed over recent years in this country. People like you, and there are literally hundreds and hundreds of thousands of people like you, come to these shores from foreign countries to avail themselves of the generous welfare benefits that exist here." The comments were found to be an "inappropriate judicial intervention in the political process".Mr Justice Peter Smith
Mr JusticeHigh Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
Peter Smith
Peter Smith (judge)
Sir Peter Winston Smith , styled The Hon Mr Justice Peter Smith, is a Judge of the High Court of Justice in England and Wales, appointed to that office on 15 April 2002 and assigned to the Chancery Division...
was given a formal reprimand by the Lord Chief Justice following behaviour which the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
strongly criticised as "extraordinary", "intemperate" and "regrettable". The judge, who had failed to gain a position with the law firm Addleshaw Goddard
Addleshaw Goddard
Addleshaw Goddard LLP is a corporate law firm headquartered in London, United Kingdom. It is structured as a LLP and has almost 750 lawyers, with offices in Leeds, London and Manchester...
, refused to stand down from hearing a case in which a partner in the firm was a party. The Court of Appeal had concluded that "the approach adopted by the judge ... provides strong support for [counsel]'s submissions that the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the judge was biased against Addleshaw Goddard and its partners, one of whom is the first claimant".