Magistrate formally advised for providing reference to defendant

Apologises

A magistrate has received formal advice after providing a written reference for a defendant, in which she mentioned her judicial role.

The reference, used by the defendant in a criminal case, was provided by Tessa Smith. It included a description of her judicial role and featured the “JP” suffix.

Smith took full responsibility for her actions and issued an apology, according to a notice published by the Judicial Conduct Investigations Office (JCIO). She explained that she had been a magistrate for less than a year but acknowledged that she should not have used the “JP” suffix and should have provided the reference in a personal capacity.

Guidance for magistrates advises that they should exercise caution to avoid mentioning their position when it could be seen as an attempt to influence or gain an advantage. This is especially important when writing references, particularly when the reference is unrelated to their judicial duties

“Mr Justice Keehan, on behalf of the Lady Chief Justice, and the Lord Chancellor agreed with advice from the JCIO that Miss Smith’s actions had amounted to misconduct,” the notice states. “In agreeing to issue Miss Smith with formal advice, they took into consideration that she accepted responsibility for her actions and gave assurances as to her future conduct.”