JCIO 98/25

   

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 William Wells JP of the Leicester and Rutland Bench with a formal warning for misconduct.

Facts

Applicants to the magistracy are required to disclose any information that, if it became generally known, might bring the magistracy into disrepute or call into question their standing as a magistrate. This includes information about any close relatives who have criminal convictions. While such information is not automatically a bar to appointment, it must be disclosed. Additionally, on appointment, magistrates are required to sign a declaration and undertaking, which includes a commitment to notify the bench chair and the head of legal operations / deputy justices’ clerk of any such matters.

A matter was referred to the Midlands Conduct Advisory Committee after it came to light that Mr Wells had failed to declare the criminal conviction of a close relative in his application to become a magistrate.

Mr Wells’ representations

Mr Wells accepted that he should have disclosed the information and expressed regret for the mistaken belief that disclosure was not required.

Nominated Committee Member’s findings

Following an investigation carried out under the Judicial Conduct (Magistrates) Rules 2023, a nominated committee member found that although Mr Wells’ omission was serious, it was misguided rather than deliberate. The nominated committee member determined that, on the facts of the case, the disclosure would not have affected Mr Wells’ eligibility for appointment.

In recommending a formal warning for misconduct, the nominated committee member took into consideration Mr Wells’ personal mitigation, his acceptance of responsibility, his remorse, and the fact that he had since demonstrated a commitment to meeting the obligations of prompt disclosure.

Decision

Mr Justice Keehan and the Lord Chancellor agreed with the nominated committee members findings and issued Mr Wells with a formal warning. 
 

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