• PART 7 PART 7 — Miscellaneous

    • 30. Re-opening a case that has been dismissed

      (1) A nominated judge may re-open a complaint that has been dismissed where they receive new information concerning a complaint.
      (2) For these purposes, new information means information which —
      (a) relates to judicial misconduct;
      (b) is cogent and credible;
      (c) has not already been considered under these Rules; and
      (d) is sufficiently serious to justify re-opening a complaint.
      (3) If a nominated judge decides to re-open a complaint, they may —
      (a) consider the complaint in accordance with Part 4; or
      (b) refer the complaint to:
      (i) another nominated judge to consider under Part 4;
      (ii) the Bureau to consider in accordance with Part 2;
      (iii) an investigating judge to consider in accordance with Part 5; or
      (iv) a disciplinary panel to consider in accordance with Part 6.

    • 31. Procedure to be followed when re-opening a case

      (1) A nominated judge may re-open a case of their own volition.
      (2) The Bureau may refer new information to a nominated judge for the purposes of paragraph (1).
      (3) A complainant may provide new information to the Bureau.
      (4) The Bureau may only refer new information received from a complainant to a nominated judge if the Bureau is satisfied that it is new information within the meaning of rule 30(2).

    • 32. Consideration of matters in absence of a complaint

      (1) Where a nominated judge received information from any source which suggests to them that taking disciplinary action might be justified they may refer the case to the Bureau.
      (2) The Bureau must investigate the case in accordance with Part 2 of these Rules as though it were a complaint of misconduct, with the exception that any obligation to be discharged in relation to a complainant does not apply.

    • 33. Withdrawal of a complaint

      (1) A complainant may withdraw their complaint at any time.
      (2) Where a complaint is withdrawn, it may still be investigated if paragraph (3) applies.
      (3) A withdrawn complaint may continue to be investigated where it is being considered by —
      (a) the Bureau under Part 2 of these Rules;
      (b) a nominated judge under Part 4 of these Rules;
      (c) an investigating judge under Part 5 of these Rules;
      (d) a disciplinary panel under Part 6 of these Rules,
      if the Bureau, the nominated judge, the investigating judge or the disciplinary judge (as the case may be) considers it appropriate to continue to investigate the complaint.
      (4) Where paragraph (3) applies, the case is to continue to be considered under these Rules as if the complaint had not been withdrawn and the complainant must be informed of this decision by the Bureau, the nominated judge, the investigating judge or the disciplinary panel as the case may be.

    • 34. Deferral of consideration of a case

      (1) The Bureau may defer consideration of a case where there is good reason to do so.
      (2) Where the Bureau defers a complaint under paragraph (1), it must inform the complainant and, if they are aware of the complaint, the judicial office holder concerned.

    • 35. Transitional provision

      These Rules apply to any complaint made before these Rules come into force which has not been withdrawn, dismissed or determined.