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.