Prompted angry response from defendant
A magistrate has been issued with formal advice for misconduct after making an inappropriate remark while sentencing a defendant.
The Judicial Conduct Investigations Office (JCIO) confirmed that Mr Edwin Hastings-Smith JP received formal advice following an incident in which he told a defendant, “You have had your day of freedom, now back to prison. Sweet dreams.”
The comment, made upon sentencing, prompted an angry reaction from the defendant, putting the accompanying prison officer at “risk of injury”.
The complaint, submitted by a custody suite manager, was reviewed by the South East Region Conduct Advisory Committee. The JCIO determined that the remark was unnecessary and fell short of the standards expected of magistrates, who are required to conduct themselves with patience, courtesy, and respect for all parties.
Mr Hastings-Smith admitted responsibility, acknowledging that his comment was inappropriate, unnecessary, and unacceptable. He apologised to both the defendant and the prison officer for any distress caused.
Following an expedited disciplinary process, Mr Justice Keehan — acting on behalf of the Lady Chief Justice and the Lord Chancellor — agreed that the remark constituted misconduct. The decision-makers noted that the comment risked damaging the reputation of the magistracy and placed the prison officer in unnecessary danger.
However, in issuing formal advice rather than a more severe sanction, consideration was given to Mr Hastings-Smith’s immediate apology and his previously unblemished record.
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