Warning imposed after magistrate made unsupported allegations against fellow panel members
Ms Shanelle Nwanaebi JP, sitting in the South East London Local Justice Area, has been issued with a formal warning after a disciplinary investigation found misconduct relating to her conduct during court proceedings.
According to a disciplinary statement published by the Judicial Conduct Investigations Office, the case followed a complaint made to the London Conduct Advisory Committee by a member of His Majesty’s Courts and Tribunals Service (HMCTS).
The complaint alleged that Ms Nwanaebi refused to return to court to deliver a verdict and behaved in an “argumentative and offensive manner” towards her fellow magistrates. It was further alleged that she later made accusations against other panel members following the hearing.
Ms Nwanaebi, in her response, said she left court because she found the situation difficult to continue with and felt that justice was not being done. She denied acting in the manner alleged and said her colleagues reacted adversely to being challenged by a younger magistrate. She also apologised for failing to return to deliver the verdict, acknowledged the reputational impact on the magistracy, and committed to ensuring her conduct aligns with the declaration and undertaking required of magistrates.
Following an investigation, the nominated committee member (NCM) found that while Ms Nwanaebi’s words during discussions were challenging, they did not cross the threshold into offensive conduct. However, the NCM concluded that her refusal to return to court and deliver the majority verdict amounted to misconduct.
The NCM also found that Ms Nwanaebi’s post-hearing accusations against her colleagues were unsupported by any evidence and were unwarranted, and that this behaviour also constituted misconduct.
The NCM described the refusal to return to court as a “serious failure to uphold judicial responsibilities”, compounded by the unfounded allegations made against colleagues. On that basis, the NCM recommended that Ms Nwanaebi receive a reprimand for serious misconduct.
In mitigation, the NCM took into account that Ms Nwanaebi had no previous findings of misconduct, had expressed remorse, and had since sat alongside one of the magistrates involved without further issue.
However, after considering the findings and mitigation, Mr Justice Keehan and the Lord Chancellor disagreed with the recommendation that a reprimand be imposed. They concluded that a formal warning, one level below a reprimand, was the appropriate sanction.
The statement confirms that magistrates, on appointment, sign a declaration and undertaking requiring them to maintain the dignity, standing and good reputation of the magistracy at all times.