A magistrate who admitted to letting himself get provoked by a disruptive defendant has been issued with formal advice for his conduct in court.
The Judicial Conduct Investigations Office confirmed that Paul Gibson had been sanctioned after saying from the bench he would ‘give him a hiding’ in relation to the defendant.
The incident related to a sentencing hearing and was later referred to during the defendant’s appeal hearing at Crown court.
Gibson, a retired magistrate on the supplemental list and formally of the south-east Essex branch, told the JCIO it had been a ‘very difficult hearing’ which prompted the altercation.
He explained that the defendant was being abusive to the bench and had begun filming the magistrates on his mobile phone. Gibson accepted he had said that if the defendant was ‘anything to do with me I would give him a hiding’ but insisted this was directed to his colleagues.
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The JCIO notice said: ‘Mr Gibson said he had allowed himself to be provoked by the defendant, and the difficult and stressful nature of the hearing, and by the fact that he was fearful for his colleagues and himself. He said that this had led him to make the statement. He apologised for his actions and said that on reflection he had let himself down badly.’
An investigation found that Gibson’s actions amounted to misconduct and recommended he be issued with formal advice. This recommendation took account of Gibson’s long unblemished service and that this incident involved just a ‘brief loss of composure’.
The JCIO said all magistrates sign a declaration and undertaking that includes a commitment to conduct themselves with circumspection and to uphold the reputation and good standing of the magistracy. The Guide to Judicial Conduct requires all judicial office holders to act impartially and treat others with courtesy, tolerance, and respect.
Gibson’s sanction was approved by Mr Justice Keehan, on behalf of the lady chief justice, and with the lord chancellor’s agreement.
