The Judicial Discipline (Prescribed Procedures) (Amendment) Regulations 2008

Amendments to the Judicial Discipline (Prescribed Procedures) Regulations 2006

13.  For regulation 23 (procedure of investigation by investigating judge) and regulation 24 (evidence and representations), substitute—

“Procedure of investigation by investigating judge

23.— (1) The investigating judge must—

(a) decide how to conduct the investigation;

(b) notify the subject of the disciplinary proceedings and any complainant of the proposals for the conduct of the investigation, and whether oral evidence will be taken;

(c) invite the subject of the disciplinary proceedings to give evidence and make representations about the procedure adopted and the case; and

(d) record any representations on the proposals which those persons may make.

(2) The investigating judge may invite the complainant or any person who may be able to assist the investigation to give evidence about the case.

(3) Any evidence or representations from the complainant or the subject of the disciplinary proceedings must be provided to the investigating judge within ten business days of an invitation under paragraphs (1) or (2).

(4) The investigating judge may take oral evidence if it is considered necessary to do so.

(5) The investigating judge must arrange for any evidence given orally to be recorded in a transcript or a tape recording.

(6) The investigating judge must disclose any evidence obtained under paragraph (2) to the subject of the disciplinary proceedings and must invite that person to make representations on the evidence.

(7) The subject of the disciplinary proceedings must make any representations under paragraph (6) within ten business days of the invitation under that paragraph.

(8) Where the investigating judge considers that it is necessary to disclose evidence obtained during the course of an investigation to any person other than the subject of the disciplinary proceedings, the investigating judge must first invite—

(a) the person who provided the evidence, and

(b) the subject of the disciplinary proceedings

to make representations about the proposed disclosure.

(9) The person who provided the evidence, and the subject of the disciplinary proceedings, must make any representations under paragraph (8) within ten business days of the invitation.”.