Derek Muhammad received formal advice after comment was found capable of undermining confidence in judicial impartiality
A magistrate has been issued with formal advice for misconduct after making a racially inappropriate comment in a private WhatsApp group that was found capable of undermining confidence in his impartiality.
The sanction was imposed on Derek Muhammad JP, a member of the Bedfordshire bench, following an investigation under the Judicial Conduct (Magistrates) Rules 2023. The decision was made by Mr Justice Keehan, acting on behalf of the Lady Chief Justice and with the agreement of the Lord Chancellor.
According to the disciplinary statement, the complaint was made by a member of the public who said they experienced distress after seeing a comment posted by Mr Muhammad that was perceived as racially prejudiced.
Mr Muhammad denied the comment was racist and argued it had been taken out of context. He said it formed part of a private intellectual discussion about the legacy of Winston Churchill and Britain’s colonial history, and was intended as criticism of colonial exploitation rather than an expression of racial animus. He also referred to his own heritage and long record of public service, suggesting the complaint was vexatious and insincere.
However, a nominated committee member of the South-East Region Conduct Advisory Committee found that Mr Muhammad had posted the comment and that it was racially inappropriate because it could be interpreted as expressing a negative view about people from a particular group or background. The committee member concluded that, regardless of his intention, the comment was capable of calling into question his independence, impartiality or integrity and therefore amounted to misconduct.
The committee member also noted that Mr Muhammad had failed to show remorse or awareness of how the comment could be perceived, despite being an experienced magistrate appointed in 2007.
In recommending formal advice rather than a more serious sanction, the committee member took into account that the comment was a single remark posted in a private group, that there had been no intention to cause offence and that Mr Muhammad had previously maintained an unblemished conduct record.
Having considered the mitigation, Mr Justice Keehan and the Lord Chancellor agreed with the recommendation and issued formal advice for misconduct.
Formal advice is the least severe disciplinary sanction available under the judicial conduct framework and is intended to address behaviour capable of damaging confidence in the magistracy without warranting stronger action.