• PART 5 PART 5 — Judicial Investigation

    • 20. Scope

      This Part applies where a referral is made to an investigating judge by —

      (a) a nominated judge under rule 17(4); or
      (b) the Chief Justice under rule 10 of the Judicial Discipline Rules.

    • 21. Nomination of investigating judge

      The investigating judge must be nominated in accordance with rule 7 of the Judicial Discipline Rules.

    • 22. Investigation by an investigating judge

      (1) The investigating judge must consider a complaint and —
      (a) determine the facts of the matter;
      (b) determine whether the facts amount to misconduct; and
      (c) advise as to whether disciplinary action should be taken and, if so, what.
      (2) Any question as to whether a fact is established must be decided on the balance of probabilities.
      (3) The investigating judge must —
      (a) decide how to conduct the investigation;
      (b) notify the judicial office holder concerned and any complainant of the proposals for the conduct of the investigation, and whether oral evidence will be taken;
      (c) invite the judicial office holder concerned to give evidence and make representations about the procedure adopted; and
      (d) record any representations on the proposals that are received.
      (4) The investigating judge may invite the complainant or any person who may be able to assist the investigation to give evidence (including oral evidence) about the case if it is considered necessary to do so.
      (5) Any evidence or representations from the complainant, the judicial office holder concerned or any other person must be provided to the investigating judge within 10 business days of an invitation under paragraphs (3)(c) or (4).
      (6) The investigating judge must disclose any evidence obtained under paragraph (4) to the judicial office holder concerned and must invite them to make representations on the evidence.
      (7) The judicial office holder concerned must make any representations under paragraph (6) within 10 business days of the invitation under that paragraph.

    • 23. Report of investigating judge

      (1) The investigating judge may decide the form of their report.
      (2) The investigating judge must disclose a draft of their report to the judicial office holder concerned and invite the judicial office holder concerned to comment on it, including proposals for changes to the report.
      (3) The investigating judge must disclose a draft of their report to the complainant or any other person who may be affected by its contents, and invite them to comment on it, including proposals for changes to the report.
      (4) Disclosure of the draft report under paragraph (3) —
      (a) may be of the whole or part; and
      (b) may be in the form of a summary.
      (5) Any comments must be provided to the investigating judge within ten business days of disclosure of the draft report under paragraphs (2) and (3).
      (6) After considering any comments received in accordance with paragraphs (2) and (3) the investigating judge must —
      (a) complete their report and submit it to the Chief Justice with details of any requested changes which the investigating judge has not made; and
      (b) send a copy of their report to the judicial office holder concerned.