A magistrate who disrupted a judicial training session ‘by aggressively criticising the course content’ has been issued with formal advice for misconduct.
A complaint was made about Clive Powell’s conduct during a judicial training session. He denied behaving inappropriately or as the complaint described.
A spokesperson for the Judicial Conduct Investigations Office said: ‘It was alleged that he disrupted the session by aggressively criticising the course content, which he described as offensive, and by challenging the trainers. It was further alleged that Mr Powell raised his voice, persisted in pressing his concerns despite efforts to move the session on, and remarked to another delegate that the session was “a day of his life he would not get back.”’
Others at the session, the JCIO said, ‘reportedly felt uncomfortable’ and suggested Powell could leave or raise his concerns through appropriate channels.
Powell said other magistrates also raised concerns about the training. He alleged those running the course were ‘dismissive and unwilling to engage’ and the session ‘caused him significant distress due to previous personal experiences’ which had a ‘serious adverse impact on his wellbeing’.
He added that he was going through personal circumstances affecting him at the time and claimed the course designers and trainers failed in their duty of care.
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An investigation found Powell had behaved in the manner complained of which amounted to misconduct.
The JCIO said: ‘While Mr Powell’s personal experiences provided context, they did not excuse his behaviour.’
Powell was found to have behaved in a manner that was ‘clearly inappropriate, discourteous, and unprofessional’ when he had ‘several more appropriate options available to him, including seeking exemption from the training or raising concerns through appropriate channels’. The harm and risk of harm to the trainers and other delegates was considered significant’, the JCIO added.
Powell, an experienced magistrate with a leadership role as a bench chair, was found to have not demonstrated ‘contrition or awareness of the impact of his behaviour on others’.
Taking into consideration his ‘significant’ mitigation – his long service as a magistrate and personal circumstances – Mr Justice Keehan, on behalf of the lady chief justice, and with the lord chancellor’s agreement, issued Powell with formal advice for misconduct.
