JCIO 87/25

   

A spokesperson for the Judicial Conduct Investigations Office said:

Mr Justice Keehan, on behalf of the Lady Chief Justice and with the Lord Chancellor’s agreement, has issued Mr Andrew Nicholas Ferguson Kerr JP of the Cheshire Bench with formal advice for misconduct.

Facts

The declaration and undertaking which all magistrates sign upon appointment includes a commitment to be circumspect in their conduct and maintain the reputation and good standing of the magistracy. The Guide to Judicial Conduct reminds judicial office holders to treat others with impartiality, tolerance, courtesy and respect.

A magistrate colleague complained to the North West Conduct Advisory Committee regarding Mr Kerr’s behaviour in the retiring room during deliberations about a case. It was alleged that he acted in a domineering and aggressive manner, repeatedly raised his voice, spoke over colleagues, issued demeaning instructions, made condescending and patronising remarks, and disregarded requests about how others wished to be addressed.

Mr Kerr’s Representations

Mr Kerr denied the allegations, stating that some of his actions may have been misinterpreted. He described his behaviour as unintentional and stated that his approach was aimed at encouraging discussion with colleagues. He expressed regret for any unintended impact of his conduct and stated that he would reflect on the concerns raised to ensure greater sensitivity in future.

Nominated committee member’s findings and recommendations

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member (NCM) found that Mr Kerr’s conduct, while not intentionally disrespectful, had a negative impact on colleagues and was contrary to the collaborative working expected of magistrates when deliberating on cases. The NCM found that Mr Kerr spoke over others, used a condescending tone, and addressed his colleagues discourteously.

The NCM acknowledged that Mr Kerr had reflected on the situation and considered how he might do things differently in the future. They also took into account Mr Kerr’s 40 years of previously unblemished service as a magistrate.

Decision

Having considered the mitigation offered by Mr Kerr, Mr Justice Keehan and Lord Chancellor agreed with the NCM’s recommendation of formal advice. 
 

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