Moral dilemma: reporting a new magistrate?

Newnoel

Moral dilemma:

One of my neighbours has just been appointed a magistrate at the local Family court. He has quite a fiery character and the police have been called to the house for domestic violence issues, although I understand that no charges have been pressed

Surely this police record would have been checked during the process of appointment, as a person with this history probably isnt fit to opine on the family matters of others.

If not, is there a way to report this to the local magistrates family court? Or should I just turn a blind eye?

Malthusian

I am not an expert on DBS checks, but my understanding is that if no charges have been pressed, he may have a clean bill of health. There won't be any cautions or even allegations recorded. As magistrates don't work directly with children or vulnerable adults they may only have done a basic check.

IMO your only moral obligation is to continue keeping an eye on your neighbours and intervening as safely as possible if you think any violence is taking place (if only by calling the police). Making allegations to his employers may well achieve nothing as they are unlikely to get rid of him based on one person's allegation. It will be easier for them to believe you have an axe to grind than to believe they have hired an abuser.

T.T.D

You can make a complaint of concern to the judiciary J.C.I 

https://www.complaints.judicialconduct.gov.uk/

MalMonroe

If you want to make a complaint or report him, you will need positive proof of any wrongdoing. No charges have been brought against him and he obviously has no serious past criminal convictions, or he would not have been allowed to proceed with his application. 

He will have had to have had at least two people submit satisfactory references before being accepted, so at least two people feel that he's fit to practice. Plus he will have undergone training and during his first year acting as a magistrate he will have to report to a mentor. He may be able to give an opinion on cases as a magistrate but the final decisions will not be his alone, since magistrates usually sit in threes.

I don't think it's a question of you turning a blind eye, just that there isn't a lot you can do.

If he continues with his domestic abuse and police are called again, he will obviously not be allowed to continue as a magistrate. And usually, people like him make mistakes and are treated accordingly.  

elsien

Just to add that the police being called doesn’t necessarily mean that he has done anything. 

Be careful of neighbourhood gossip; it’s not always accurate. 

TBagpuss

Are you sure that he wasn't the one who called the police? Did you personally witness anything? How recent was the incident(s)?

It is difficult, as IF they have been violent then clearly there are concerns about their fitness to be a magistrate, but also be aware that unless you were there and saw what happened, you don't know whether they were violent.

If it helps, magistrates generally sit as a panel of 3 so they wouldn't normally as an individual have decision making powers.

As TTD says, you can of course flag up a potential concern, and of course if you do personally witness anything you can report it to the police yourself, and report again to to the court or make a complaint at that time

74jax

Newnoel said:

Moral dilemma:

One of my neighbours has just been appointed a magistrate at the local Family court. He has quite a fiery character and the police have been called to the house for domestic violence issues, although I understand that no charges have been pressed

Surely this police record would have been checked during the process of appointment, as a person with this history probably isnt fit to opine on the family matters of others.

If not, is there a way to report this to the local magistrates family court? Or should I just turn a blind eye?

If his partner has been abusive and he has had need to call the police, nothing would be registered against him. It would go against his partner.