A magistrate has been issued with a formal warning for misconduct after he swore in court and told a witness to ‘get out’.
A complaint was made about Jonathan Dannatt over his conduct as presiding justice. The complaint alleged that after the bench delivered their verdict in a case, Dannat said ‘shit’ and told a witness to ‘get out of here’. Another person present recalled Dannat said ’”this is shit” [and] the witness left the courtroom and was shocked and embarrassed by the incident’.
The Judicial Conduct Investigations Office said Dannat accepted he had said ‘this is shit’ and ‘asked the witness to leave in a manner that may have appeared abrupt’.
Dannat, who has an unblemished record as a magistrate of 17 years, including 14 as a presiding justice, said his outburst arose from his ‘concerns about the impact of the sentence on the defendant and his family, and the reaction of the witness to this result’.
The JCIO said: ‘Mr Dannatt recognised that his comments were unacceptable and had upset other court users. He accepted that he failed the witness according to the judicial oath. He was horrified that he had behaved in this way, was profoundly sorry and would ensure it never happened again. He expressed that being a magistrate is very important to him.’
An investigation found Dannat had sworn and told the witness to get out, which amounted to ‘serious misconduct’.
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‘Mr Dannatt’s language and behaviour significantly breached the expected standards of conduct,’ the JCIO added. ‘The risk of reputational damage to the magistracy was significant and the witness experienced emotional distress.’
Mr Justice Keehan, on behalf of the lady chief justice and with the lord chancellor, issued Dannatt with a formal warning for misconduct.
The sanctions for misconduct are, in order of severity, formal advice, formal warning, reprimand and removal from office.
