Judge given formal advice after aggressive conduct during a court hearing
Judicial Conduct Investigations Office has confirmed that Richard Roberts has been issued with formal advice following a finding of misconduct during a court hearing. The decision was taken by the Lady Chief Justice, with the agreement of the Lord Chancellor, after an investigation under the Judicial Conduct Rules 2023.
The complaint was brought by a barrister who alleged that, while making submissions, she was repeatedly interrupted by His Honour Judge, Roberts, in what she described as an aggressive manner and with an elevated tone. The Guide to Judicial Conduct and the Statement of Expected Behaviour require judges to treat others with courtesy, patience and tolerance, and to maintain composure even under pressure.
In his response, HHJ Roberts stated that he had allowed the barrister sufficient time to present her submissions. He accepted that he had interrupted at certain points, but said this was done to clarify issues. He also acknowledged that his tone may have been elevated at times and expressed regret for showing frustration.
The judge further referred to his length of judicial service and provided mitigation relating to his personal circumstances at the time of the incident.
Following a review of the evidence, a nominated judge concluded that HHJ Roberts had interrupted the barrister’s submissions so frequently that it amounted to excessive intervention. The findings also noted that, on several occasions, his tone and wording could reasonably be perceived as aggressive, while at other times, it conveyed irritation and frustration.
The investigation also found that his conduct differed from the way he addressed opposing counsel during the same hearing. The nominated judge determined that this behaviour fell short of expected judicial standards and amounted to misconduct. A recommendation was made that HHJ Roberts receive a sanction of formal advice.
After considering the findings and the mitigation presented, the Lady Chief Justice and the Lord Chancellor agreed with this recommendation and imposed the sanction. Formal advice is the least severe disciplinary outcome available under the Constitutional Reform Act 2005, but it reflects a finding that conduct has fallen below the standards expected of judicial office holders.
The JCIO stated that the outcome serves to uphold professional standards within the judiciary and reinforce the importance of appropriate conduct in court proceedings