SERMON ON THE BENCH

A common theme, some might say obsession,  of many of my posts over 13+ years on this site  is secrecy: whether in the police, judiciary, other legal associated professions  or in the judicial supervisory process.  The Judicial Conduct Investigations Office is the organisation tasked with doing what it is says on its lid. However in many aspects it doesn`t perform according to its website where its raison d`etre for its existence is as, " an independent statutory body which supports the Lord Chancellor and Lord Chief Justice in their joint responsibility for judicial discipline. Our statutory remit is to deal with complaints of misconduct . This means how a judge has behaved personally, e.g. making a racist remark, inappropriate use of social media, or falling asleep in court."  The definition of "misconduct", the be all and end all of its function as defined above, in itself seems narrowly drawn. Considering that investigation into magistrates is the largest group by far into which the JCIO involves itself this omission is telling.  In addition there is a caveat insofar as the limits of its authority.  "We cannot accept complaints about a judge’s decision or the way a judge has managed a case". And that is exactly where the secrecy begins.  Compare that with "how a judge has behaved personally, e.g. making a racist remark".  

On 29th September last year  calling themselves environmental protesters a rag band of people blocked Britain`s busiest motorway M25 causing misery and delays for thousands of drivers going about their lawful activities whether of business, pleasure or public duty.  Owing to delays in the court process those arrested for their actions that day only came to court on 12th April this year.  Some of the demonstrators appeared at Crawley Magistrates' Court while others pleaded guilty by post. They appeared before District Judge  Stephen Leake who had been appointed just six months earlier. And during that legal process he made remarks which if they had been made by any presiding magistrate would almost certainly have led to an investigation by that august body to which I have referred above. But my point is that despite widespread media coverage it seems that this arrogant, foolish, irresponsible judge having made possibly the most injudicious judicial remarks of the year will continue to preside over his court with nary a word of official criticism.  Once again I publish below the judicial oath; an oath which must be obvious to the most legalistic mind, has not just been broken but has been torn to shreds by the ego, smugness, imperiousness and haughtiness of this highly paid civil servant in whom the general public must place its trust and in those who appointed him and deemed his actions acceptable. 
“I, _________ , do swear by Almighty God that I will well and truly serve our Sovereign King Charles the Third in the office of ________ , and I will do right to all manner of people after the laws and usages of this realm, without fear or favour, affection or ill will.”  Perhaps he considered that by finding the offenders guilty his remarks were justifiable.  His comment:- "I have heard your voices. They have inspired me and personally I intend to do what I can to reduce my own impact on the planet"  gives me the impression he regards himself as a preacher to those of us who consider these law breakers as embryonic fascists seeking to impose their opinions on the rest of us by any means they consider necessary. 

He is not only a district judge.  Stephen Leake was appointed to the Sentencing Council on 2nd May 2022. This sermon on the bench was a disgrace to his office.  It is an affront to those whose lives and livings were considered so called collateral damage to the offenders` extremist views but it is also a warning that there have been, will be and currently are judges who will use their positions either for their own aggrandisement or to further the will of the state.  A supervisory office whose activities are shrouded in secrecy  seems to be a compliant accompaniment in all this. 

Of course those remarks by Leake have precipitated glorifying comments of their comrades by self styled anarchists  calling themselves Insulate Britain:those who would align themselves with true heroes of the past who made this nation truly a better more civilised society. This is the country suffering from the effects of a savage war in Ukraine and the results of a political system falling apart.  Others might view the situation as the perfect time for a cultural revolution  British style.