JCIO 14/25

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Ms Abiola Onatade JP, of the South-East London Local Justice Area, with formal advice for misconduct.

Facts

The expedited process in the Judicial Conduct Magistrates Rules 2023 enables the Judicial Conduct Investigations Office (JCIO) to advise the Lord Chancellor and the Lady Chief Justice that a magistrate should be issued with formal advice or a formal warning where—

(a) there is no dispute as to the facts set out in the complaint;
(b) the alleged facts relate to conduct which the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide amounted to misconduct; and
(c) the JCIO considers that the Lord Chancellor and the Lady Chief Justice would be very likely to decide that formal advice or a formal warning was the appropriate disciplinary sanction.

The Guide to Judicial Conduct states that judicial office-holders are expected to show ‘respect for the law and observance of the law’. In addition, magistrates sign a declaration and undertaking on appointment agreeing to be circumspect in their conduct and to maintain the dignity, standing and good reputation of the magistracy at all times.

Under guidance issued to the judiciary in 2007, road traffic offences need to be reported to the relevant leadership judge (or bench chair in the case of a magistrate), if on conviction:

• any period of disqualification from holding or obtaining a driving licence is imposed, or,
• six penalty points are ordered to be endorsed on the licence, or,
• if a lesser number of points are ordered to be endorsed, the total points then endorsed on the licence exceeds six.

A matter was reported to the London Conduct Advisory Committee (LCAC) after Ms Onatade reported to her bench chair that she had previously received over six penalty points on her driver’s licence for speeding. Ms Onatade later confirmed to the LCAC that she had received a total of 10 penalty points for three separate speeding offences.

Ms Onatade’s representations

Ms Onatade accepted that she should have reported the earlier speeding offences to her bench chair. She took full responsibility and apologised for her actions. Ms Onatade recognised that accruing points on her licence, as a magistrate, who deals with speeding matters, did not reflect well on herself or the magistracy. She gave an assurance that she would keep within the speed limit going forward.

Decision

Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the JCIO that Ms Onatade’s actions amounted to misconduct. In agreeing to issue her with formal advice, they took into consideration Ms Onatade’s apology, long unblemished conduct record and assurance that it would not happen again.

Notes for Editors

Media queries in relation to the JCIO should be made in the first instance to the Judicial Press Office - telephone 020 7073 4852 or via email - press.enquiries@judiciary.gsi.gov.uk

Sanctions for misconduct by judicial office-holders are set out in the Constitutional Reform Act 2005. They are, in order of severity: formal advice, formal warning, reprimand and removal from office.

For more information about the Office, including details on how to make a complaint against a judicial office holder, you can visit the JCIO website at: Judicial Conduct Investigations website