Paragraph 93 Removal from office
United Kingdom
A judge or judicial officer may be removed from office only on the ground of—
inability to discharge the functions of the office (whether arising from infirmity of body or mind or from any other cause); or
misbehaviour,
and shall not be removed except in accordance with this section.
A judge shall be removed from office by the Governor by instrument under the public seal if the question of the removal of that judge from office has, at the request of the Governor made in pursuance of subsection (3), been referred by Her Majesty to the Judicial Committee of Her Majesty’s Privy Council under section 4 of the Judicial Committee Act 1833f1 or any other enactment enabling Her Majesty in that behalf, and the Judicial Committee has advised Her Majesty that the judge should be removed from office on a ground referred to in subsection (1).
If the Governor, acting in his or her discretion, considers that the question of removing a judge from office on a ground referred to in subsection (1) ought to be investigated, then—
the Governor shall appoint a tribunal, which shall consist of a chairman and two other members; but the chairman and at least one of the other members shall be a serving or former judge of a superior court in some part of the Commonwealth or in Ireland;
the tribunal shall inquire into the matter and report on the facts thereof to the Governor and advise the Governor whether he or she should request that the question of the removal of that judge should be referred by Her Majesty to the Judicial Committee; and
if the tribunal so advises, the Governor shall request that the question should be referred accordingly.
If the question of removing a judge from office has been referred to a tribunal under subsection (3) the Governor, acting in his or her discretion, may suspend the judge from performing the functions of his or her office.
Any suspension made under subsection (4) may at any time be revoked by the Governor, acting in his or her discretion, and shall in any case cease to have effect—
if the tribunal advises the Governor that he or she should not request that the question of the removal of the judge from office should be referred by Her Majesty to the Judicial Committee; or
if the Judicial Committee advises Her Majesty that the judge should not be removed from office.
The Governor shall remove a judicial officer from office if—
the question of doing so has been considered by the Judicial Service Commission; and
the Commission has recommended to the Governor that the judicial officer concerned should be removed from office on a ground referred to in subsection (1).
A person who has been removed from office as a judicial officer by the Governor on the recommendation of the Judicial Service Commission may apply to the Supreme Court for redress on the ground that any finding of fact or law on which the Commission based its recommendation for removal was unjustified or wrong; and, for the purpose of affording such redress, the Supreme Court may make such declarations and orders, issue such writs and give such directions as it considers appropriate.
Annotations
Footnotes
- f1
Notes on Schedule
Modifications
- C1
Sch. modified (22.8.2020) by The Overseas Territories (Constitutional Modifications) Order 2020 (S.I. 2020/780), arts. 1(2), 3(2)
Commencement
- I1
Sch. in force at 1.9.2009, see art. 1(3)