A magistrate has been removed from office after he publicly criticised a court judgment and made comments on the trial judge’s impartiality and integrity.
A complaint was made that Simon Fawthrop criticised the criminal justice system and referred to his status as a magistrate while acting as a spokesperson for a group of defendants. Fawthrop was also alleged to have failed to notify his bench chair of his involvement in acting as a spokesperson for the group.
Fawthrop admitted to making public comments on the case but said the views expressed were not his own and that he had not been directly involved in the case.
A spokesperson for the Judicial Conduct Investigations Office said Fawthrop ‘argued that his involvement as a spokesperson was in his capacity as a councillor and not as a magistrate’.
Fawthrop, a Bromley Conservative councillor, was quoted in two news articles published in December 2024 over four ultra low emission zone protestors who were fined for harassing London mayor Sadiq Khan. He accepted he had referred to his judicial status during one statement and apologised, saying it was unintentional, the JCIO said, adding that Fawthrop ‘described the complaint against him as politically motivated’.
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The JCIO said: ‘The guidance makes clear that, if judicial office-holders are asked to speak publicly about matters relating to other roles they hold, they should ensure they are not described by their judicial role and should take care not to give the impression that they are commenting in a judicial capacity.’
An investigation found Fawthrop’s actions amounted to gross misconduct. Fawthrop exercised his right to have a disciplinary panel consider the complaint.
The panel found Fawthrop’s conduct ‘had the cumulative effect of undermining public confidence in the judiciary and the criminal justice system’.
Fawthrop’s comments, which included criticism of the trial judge’s impartiality and integrity, were found to be inappropriate for a serving magistrate. The panel found Fawthrop failed to notify his bench chair of his involvement in the case and his justification that he was acting solely in his capacity as a councillor ‘demonstrated a fundamental misunderstanding of the obligations of judicial office’.
The JCIO said: ‘The panel also expressed concern that Mr Fawthrop continued to minimise the seriousness of his actions and failed to fully acknowledge the risk of damage to the magistracy and the criminal justice system.’
The lady chief justice and lord chancellor agreed with the panel’s finding of gross misconduct and removed Fawthrop from office.
