A recorder has been formally warned after a comment he made to jurors following the acquittal of a defendant was found to amount to misconduct.
The Judicial Conduct Investigations Office (JCIO) said a juror complained about remarks Recorder Donald Tait made after the jury had delivered not guilty verdicts in a criminal case. According to the complainant, he told jurors: ‘These days young people meet people online and go out drinking, what do they expect to happen?’
The JCIO said the comment upset the complainant and other members of the jury because it seemed to suggest the young person’s actions had increased the likelihood of their being assaulted.
Judicial office holders are expected to treat everyone appearing before the courts with courtesy and respect and to avoid comments that could be interpreted as offensive or lacking in impartiality. Guidance also makes it clear that judges should use language that preserves the dignity of those involved in proceedings and maintains public confidence in the justice system.
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In response to the complaint, Tait accepted that he may have made the remark, the JCIO said. He said it was only after the jury returned its verdicts and he expressed regret for any offence caused.
A nominated judge, investigating the complaint under the Judicial Conduct Rules 2023, found that the comment was inappropriate and unnecessarily critical of both parties involved in the case. The judge concluded that it had caused distress to members of the jury and amounted to misconduct.
Although the nominated judge recommended that Tait receive formal advice, the lady chief justice and the lord chancellor decided stronger sanction was justified. They agreed with the finding of misconduct and issued a formal warning.
