Magistrate who provided reference for defendant given formal advice for misconduct

A magistrate who gave a reference for a defendant in a criminal case in which she described her judicial role and used the JP suffix has been issued with formal advice for misconduct.

The Judicial Conduct Investigations Office said a referral was made about a reference relied on by a defendant in a criminal case which was given by ‘Miss Tessa Smith JP’. 

Smith took ‘full responsibility’ for her actions and apologised, a JCIO spokesperson said. She accepted that she should not have used the JP suffix and should have given the reference in a personal capacity.

The JCIO said: ‘The declaration and undertaking signed by all magistrates on their appointment states that they will agree to be circumspect in their conduct and maintain the good reputation of the magistracy at all times, in their private, working and public lives.’

It added: ‘Guidance for magistrates advises that great care should be taken to avoid personal reference to their position as a magistrate in circumstances where it could be perceived as an attempt to influence or gain advantage. This also applies to writing references, particularly where the reference has no connection with a magistrate’s duties.’

Taking into consideration that Smith ‘accepted responsibility for her actions and gave assurances to her future conduct’, Mr Justice Keehan, with the lord chancellor’s agreement, issued Smith with formal advice for misconduct.