OpenLegislation

Regulation 14 Consideration of a complaint by the Office for Judicial Complaints

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Unless there are reasons why it believes that a complaint should be investigated, the Office for Judicial Complaints must dismiss a complaint, or part of a complaint, if it falls into any of the following categories—

(a)

it does not adequately particularise the matter complained of;

(b)

it is about a judicial decision or judicial case management, and raises no question of misconduct;

(c)

the action complained of was not done or caused to be done by a judicial office holder;

(d)

it is vexatious;

(e)

it is without substance or, even if substantiated, would not require any disciplinary action to be taken;

(f)

it is untrue, mistaken or misconceived;

(g)

it raises a matter which has already been dealt with, whether under these regulations or otherwise, and does not present any material new evidence;

(h)

it is about a person who no longer holds any judicial office;

(i)

it is about the private life of a judicial office holder and could not reasonably be considered to affect his suitability to hold judicial office;

(j)

it is about the professional conduct in a non-judicial capacity of a judicial office holder and could not reasonably be considered to affect his suitability to hold judicial office;

(k)

for any other reason it does not relate to misconduct by a judicial office holder.

(2)

The Office for Judicial Complaints may not dismiss a complaint under paragraph (1)(a) unless it has given the complainant a reasonable opportunity to provide adequate particulars of the complaint.