Amendments to the Judicial Discipline (Prescribed Procedures) Regulations 200616

In regulation 29 (convening a review body)—

a

for paragraph (1)(d) substitute—

d

the subject of the disciplinary proceedings requests the Lord Chancellor and the Lord Chief Justice to refer the case to a review body under paragraph (2) unless—

i

the request to refer is totally without merit; or

ii

before a review body has convened, the subject of the disciplinary proceedings withdraws the request under paragraph (5)(a),

in which case the Lord Chancellor and the Lord Chief Justice shall not convene a review body unless they consider there are good reasons for doing so.

b

after paragraph (2) insert—

2A

a

Where the subject of the disciplinary proceedings makes a request under paragraph (2), the Lord Chancellor and the Lord Chief Justice must in the first instance refer that request to a nominated judge to consider whether the request is totally without merit.

b

The nominated judge invited to consider the request must not be a nominated judge who has previously considered any aspect of the case.

c

in paragraph (4)—

i

at the end of sub-paragraph (a) delete “, and” and substitute a semicolon;

ii

at the end of sub-paragraph (b) substitute the full stop with “and why; and”; and

iii

after sub-paragraph (b) insert—

c

indicate whether he wishes to make oral representations to the review body.

d

after paragraph (4) insert—

5

a

Subject to sub-paragraph (b), the subject of the disciplinary proceedings may withdraw a request under paragraph (2) at any time.

b

If the request made under paragraph (2) is withdrawn after a review body has convened, the subject of the disciplinary proceedings must give reasons for withdrawing the request.

c

The review body must discontinue its review if the request made under paragraph (2) has been withdrawn, unless it considers there are good reasons to continue with a review.