The Judicial Discipline (Prescribed Procedures) Regulations 2023

Interim suspension

17.—(1) Where a person or body investigating a complaint considers that the matter should be referred to the Lord Chief Justice with a view to the exercise of the power under section 108(7) of the Act to suspend the office holder concerned on an interim basis, that person or body must send a report to that effect to the Lord Chancellor and the Lord Chief Justice.

(2) If the Lord Chief Justice decides to suspend an office holder from their office under section 108(4)(a), (6) or (7) of the Act, the Lord Chief Justice must—

(a) notify the office holder concerned of the suspension, the reasons for it and if the suspension is not immediate, the time when it comes into effect;

(b) notify the office holder concerned of the factors that will be taken into account in determining when the suspension will end; and

(c) invite the office holder concerned to make representations.

(3) The office holder concerned must make any representations within ten working days of the notification under paragraph (2).

(4) Where, after a suspension comes into effect, any of the factors which the Lord Chief Justice has indicated would be taken into account in accordance with paragraph (2)(b) become operative or cease to apply, or any other matter which the Lord Chancellor and the Lord Chief Justice consider relevant arises, the Lord Chancellor and the Lord Chief Justice must—

(a) decide whether continuation of the suspension is appropriate;

(b) notify the office holder concerned of their decision under sub-paragraph (a) and of the reasons for that decision; and

(c) invite the office holder concerned to make representations.

(5) The office holder concerned must make any representations within ten working days of a notification under paragraph (4).