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If the request made under paragraph (2) is withdrawn after a review body has convened, the subject of the disciplinary proceedings must give reasons for withdrawing the request.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The review body must discontinue its review if the request made under paragraph (2) has been withdrawn, unless it considers there are good reasons to continue with a review.