• PART 2 PART 2 — Complaints And Investigation Of Cases

    • 4. Complaint of misconduct

      A complaint about a judicial office holder must be made to the Bureau.

    • 5. Investigation process

      (1) The Chief Justice may make rules about the process to be applied in respect of an allegation of misconduct, whether the allegation is made by way of complaint or otherwise.
      (2) The rules may include provision as to any of the following —
      (a) the form of a complaint;
      (b) the information to be contained in a complaint;
      (c) time limits for taking any step and procedures for extending or reducing time limits;
      (d) the circumstances in which a case may be dismissed;
      (e) the circumstances in which an investigation may be undertaken (on the making of a complaint or otherwise);
      (f) the conduct of an investigation, including steps to be taken by the judicial office holder concerned, by a complainant or any other person;
      (g) the circumstances in which a case may be investigated by the Bureau, a nominated judge, an investigating judge, or a disciplinary panel;
      (h) the circumstances in which a case may be dealt with under a summary procedure;
      (i) the circumstances in which a case which has initially been dismissed may be reconsidered.

    • 6. Nominated judge

      (1) A nominated judge means a judicial office holder who is nominated by the Chief Justice to deal with a case in accordance with rules made under rule 5.
      (2) The Chief Justice may nominate different judicial office holders to deal with different cases or to deal with different aspects of the same case.

    • 7. Investigating judge

      (1) An investigating judge means a judicial office holder or a former judicial office holder who is nominated by the Chief Justice to investigate a case in accordance with the rules made under rule 5.
      (2) The Chief Justice may nominate different judicial office holders to investigate different cases or to investigate different aspects of the same case.

    • 8. Disciplinary panel

      (1) A disciplinary panel is a panel consisting of —
      (a) either a judicial office holder or former judicial office holder;
      (b) a practising or employed lawyer; and
      (c) one other member, who has never been —
      (i) a judicial office holder; or
      (ii) a practising or employed lawyer.
      (2) The Chief Justice must nominate the members of a disciplinary panel under sub-paragraphs (a) and (b) of paragraph (1).
      (3) The Board, with the agreement of the Chief Justice, must nominate the other member in paragraph (1)(c).
      (4) A person is ineligible for membership of a disciplinary panel if that person has had any previous involvement in the disciplinary process relating to the case that is being referred to the disciplinary panel.
      (5) The judicial office holder or former judicial office holder nominated under paragraph (1)(a) must chair the disciplinary panel.