Judicial Council Act 2019

76

Report of panel of inquiry submitted to Judicial Conduct Committee

76. (1) A panel of inquiry shall, upon its completing an investigation of a complaint under this Chapter, prepare, and submit to the Judicial Conduct Committee, a report in writing of the investigation.

(2) A report of a panel of inquiry under subsection (1) shall specify—

(a) particulars of the complaint,

(b) the evidence (if any) in relation to the complaint presented to the panel of inquiry, and

(c) the findings of the panel of inquiry in relation to the complaint.

(3) Where a panel of inquiry finds that an allegation in a complaint has been proved, the report of the panel of inquiry under subsection (1) shall include the reasons for that finding and—

(a) such recommendations as the panel of inquiry considers appropriate for reprimanding the judge concerned, and

(b) such recommendations (if any) as the panel of inquiry considers necessary for the purposes of safeguarding the administration of justice.

(4) Where a panel of inquiry finds that an allegation in a complaint has not been proved, the report of the panel of inquiry under subsection (1) shall include the reasons for that finding.

(5) Without prejudice to the generality of subsections (2) and (3), a recommendation under subsection (3)(a) shall provide for any one or more of the following:

(a) the issuing of advice to the judge concerned;

(b) the making of a recommendation that the judge concerned pursue a specified course of action, including attending a course or training of a specified type;

(c) the issuing of an admonishment to the judge concerned.

(6) Without prejudice to the generality of subsections (2) and (3), a recommendation under subsection (3)(b)

(a) may be made to—

(i) the Chief Justice, where the judge concerned is an ordinary judge of the Supreme Court, the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court or the President of the District Court,

(ii) the President of the Court of Appeal, the President of the High Court, the President of the Circuit Court and the President of the District Court, where the judge concerned is the Chief Justice, or

(iii) the President of the court of which the judge concerned is a judge, in the case of a judge other than a judge to whom subparagraph (i) or (ii) applies,

or

(b) may recommend that changes be made to court procedures, practice directions, distribution of work or may also concern related matters,

or both.