A magistrate who said he ‘was not having some judge tell me what to do’ has been issued with formal advice for misconduct.
Jeremy Betts and his colleagues were sentencing a youth who was subject to a 24-month detention and training order by the Crown court. The defence advocate made representations to the bench about the sentence and the sentencing remarks of the judge who, in the knowledge of the upcoming youth court case, had sentenced the individual with the intention that no additional sentence would be added.
A spokesperson for the Judicial Conduct Investigations Office said it was alleged that, following the defence’s representations, Betts ‘said “I’m not having some judge tell me what to do”.’
Betts, who had no previous findings of misconduct against him, said he had made the comment, or a variation of it, in the retiring room, the JCIO said. Following an investigation it was found ‘on the balance of probabilities’ that Betts had made the comment in open court as alleged. The investigation also found Betts’ behaviour amounted to misconduct.
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The conduct panel found ‘Betts made an audible comment, whilst sitting as a magistrate, which indicated an unprofessional and/or discourteous attitude towards another judge and which risked bringing the magistracy into disrepute’.
The JCIO said: ‘On appointment, magistrates sign a declaration and undertaking, which includes a commitment to be circumspect in their conduct and to maintain the dignity, standing and good reputation of the magistracy at all times.’
Mr Justice Keehan, on behalf of the lady chief justice, and the lord chancellor issued Betts with formal advice as a ‘reasonable and proportionate sanction’.
