The Judicial Discipline (Prescribed Procedures) Regulations 2014

Investigation process

This section has no associated Explanatory Memorandum

7.—(1) The Lord Chief Justice, with the agreement of the Lord Chancellor, may make rules about the process to be applied in respect of an allegation of misconduct, whether the allegation is made by way of complaint or otherwise.

(2) Rules under paragraph (1) shall not apply in relation to an office holder who exercises functions wholly or mainly in Scotland, unless they are made with the agreement of the Lord President of the Court of Session.

(3) Rules under paragraph (1) shall not apply in relation to an office holder who exercises functions wholly or mainly in Northern Ireland, unless they are made with the agreement of the Lord Chief Justice of Northern Ireland.

(4) The rules may include provision as to any of the following—

(a)the form of a complaint;

(b)the information to be contained in a complaint;

(c)time limits for taking any step and procedures for extending or shortening time limits;

(d)the circumstances in which a case may be dismissed;

(e)the circumstances in which an investigation may be undertaken (on the making of a complaint or otherwise);

(f)the conduct of an investigation, including steps to be taken by the office holder concerned, by a complainant or any other person;

(g)the circumstances in which a case may be investigated by the Judicial Conduct Investigations Office, a nominated judge, an investigating judge, a disciplinary panel, a relevant President or a person delegated by a relevant President;

(h)the circumstances in which a case may be dealt with under a summary procedure;

(i)the circumstances in which a case which has initially been dismissed may be reconsidered.