A magistrate who bid a defendant ‘sweet dreams’ as he sentenced them to prison has been issued with formal advice for misconduct.
A custody suite manager complained about Edwin Hastings-Smith who he alleged, upon sentencing a defendant, said: ‘You have had your day of freedom, now back to prison. Sweet dreams.’
A spokesperson for the Judicial Conduct Investigations Office said the custody suite manager stated ‘the comment was unnecessary and caused an angry reaction from the defendant, which put the prison officer, who accompanied the defendant, at risk of injury’.
Hastings-Smith took ‘full responsibility’ for making the comment which, the JCIO said, he described as ‘inappropriate, unnecessary and unacceptable’. It added: ‘He offered his apologies to the defendant and the prison officer for any distress and offence caused.’
No previous findings of misconduct had been made against Hastings-Smith.
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The JCIO added: ‘The Guide to Judicial Conduct reminds office holders that they should seek to be courteous, patient, tolerant and should respect the dignity of all. 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.’
Mr Justice Keehan, on behalf of the lady chief justice, and the lord chancellor found Hastings-Smith’s remark amounted to misconduct. Issuing Hastings-Smith with formal advice for misconduct, they found his remark was ‘inappropriate in the circumstances and had placed the prison officer at unnecessary risk of injury’.
‘It also had the potential to damage the reputation of the wider magistracy in the eyes of those present in the court room.’
Sanctions for misconduct by judicial office-holders are, in order of severity, formal advice, formal warning, reprimand and removal from office.
