• PART 6 PART 6 — Disciplinary Panel

    • 24. Scope

      This Part applies where —

      (a) the judicial office holder concerned has confirmed under rule 19(4)(c) that they require a disciplinary panel to consider the complaint;
      (b) the Chief Justice has referred a complaint to a disciplinary panel under rule 10 or 11 of the Judicial Discipline Rules; or
      (c) a referral is made under rule 30(3)(b)(iv).

    • 25. Disciplinary panel

      The disciplinary panel must be convened in accordance with rule 8 of the Judicial Discipline Rules.

    • 26. Functions of a disciplinary panel

      (1) A disciplinary panel may consider and review —
      (a) any findings of fact;
      (b) any recommendation as to the conduct of the judicial office holder concerned; and
      (c) any proposed disciplinary action.
      (2) Where a disciplinary panel reviews any findings of fact under paragraph (1)(a), any question as to whether the fact is established must be decided on the balance of probabilities.
      (3) Where a nominated judge has recommended that the judicial office holder concerned should be removed or suspended from their judicial office, the disciplinary panel must advise the Chief Justice whether removal or suspension is justified.

    • 27. Procedure of disciplinary panel

      (1) The disciplinary panel may —
      (a) make such inquiries as it considers are appropriate to fulfil its functions;
      (b) request any documents which appear to be relevant.
      (2) A disciplinary panel must take oral evidence from the judicial office holder concerned unless it considers it unnecessary to do so.
      (3) A disciplinary panel may take evidence, including oral evidence, from any other person.

    • 28. Report and recommendation

      The disciplinary panel must prepare a report that sets out —

      (a) the facts of the case;
      (b) whether in its opinion there has been any misconduct; and
      (c) whether disciplinary action should be taken and, if so, what.

    • 29. Report procedure

      (1) The disciplinary panel must send its draft report to the judicial office holder concerned.
      (2) The disciplinary panel must disclose its draft report to the complainant or any other person who may be affected by its contents.
      (3) Disclosure of the report under paragraph (2) —
      (a) may be of the whole or part;
      (b) may be in the form of a summary.
      (4) The disciplinary panel must invite each person to whom it discloses its report to comment on it.
      (5) Any comments on the report must be made within 10 business days of the day on which the report was sent by the disciplinary panel.
      (6) In finalising its report the disciplinary panel —
      (a) must have regard to any comments received under paragraph (4); and
      (b) must include those comments with its report.
      (7) The disciplinary panel must send its report to the Chief Justice.