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Judicial Officers (Complaints) Regulations 2016


Published: 2016-03-24

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I ASSENT Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062
Subsidiary Legislation made under s. 39.


JUDICIAL OFFICERS (COMPLAINTS)
REGULATIONS 2016

(LN. 2016/062)
Commencement 24.3.2016
Amending
enactments
Relevant current
provisions
Commencement
date




_______________________

ARRANGEMENT OF REGULATIONS.


Regulation
1. Title and commencement.
2. Interpretation.
3. Complaints officer.
4. Complaints relating to holders of senior judicial office.
5. Complaints relating to holders of junior judicial office.
6. Disclosure of Information.
7. Treatment of transitional complaints.
8. Costs.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062
In exercise of the powers conferred upon it by section 39 of the Judicial
Service Act 2007 and all other enabling powers, and with the agreement of
the Minister with responsibility for Justice, the Judicial Service Commission
has made the following regulations–

Title and commencement.

1. These regulations may be cited as the Judicial Officers (Complaints)
Regulations 2016 and shall come into force on publication in the Gazette.

Interpretation.

2. In these regulations–

“the Act” means the Judicial Service Act 2007;

“business day” means any day except Saturday, Sunday and public
holidays;

“complaint” means any complaint about the inability or misbehaviour of
a holder of judicial office`;

“junior judicial office” and “senior judicial office” have the same
meanings as in the Act; and

“President” means the President of the Court of Appeal.

Complaints officer.

3.(1) The Judicial Service Commission shall appoint a person (to be
accessed via the Supreme Court Registry) to be the complaints officer for
the purposes of these regulations.

(2) A complaint relating to a holder of a judicial office must be addressed
to the complaints officer.

(3) The complaints officer may undertake such enquiries as are necessary
to perform his functions under these regulations including but not limited to
making requests for information from the complainant and the subject of the
complaint.

(4) A reply by a complainant, or by the subject of a complaint, to a request
made by the complaints officer must be made within 15 business days of
such request and in default of the receipt of such reply the complaints
officer may deal with the complaint as he sees fit.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 Complaints relating to holders of senior judicial office.

4. Schedule 1 to these regulations shall apply to complaints relating to
holders of senior judicial office.

Complaints relating to holders of junior judicial office.

5. Schedule 2 to these regulations shall apply to complaints relating to
holders of junior judicial office.

Disclosure of Information.

6.(1) The Judicial Service Commission, or the complaints officer as the
case may be, shall inform the complainant whether his complaint has been
upheld or dismissed, and what if any disciplinary action has been proposed.

(2) The Judicial Service Commission may disclose information about
disciplinary proceedings or the taking of disciplinary action against an
identified or identifiable subject of a complaint to anyone to whom the
Judicial Service Commission considers it necessary to give such
information.

(3) Public disclosure about disciplinary action may be made by the
Judicial Service Commission where it considers such disclosure necessary
to maintain confidence in the judiciary.

(4) Unless the Judicial Service Commission directs otherwise all
proceedings arising under these regulations shall be held in private.

Treatment of transitional complaints.

7. These regulations apply to any complaint made before the coming into
force of these regulations which has not been withdrawn, dismissed or
determined.

Costs.

8. These regulations contain no power to award costs, and any costs
incurred as a result of action taken pursuant to these regulations will not be
recoverable.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 SCHEDULE 1

COMPLAINTS RELATING TO HOLDERS OF SENIOR JUDICIAL
OFFICE.

Time limits within which a complaint must be made.

1.(1) A complaint must be made within one calendar month of the event or
matter complained of, but a complaint relating to a continuing state of
affairs may be made at any time while that state of affairs continues or
within one calendar month of it ending.

(2) Subject to subparagraph (3), any complaint made after the expiration
of those time limits must be dismissed by the complaints officer.

(3) The–

(a) complaints officer;

(b) Chief Justice; or

(c) President

may extend the time for making a complaint, whether or not the time limit
has expired, if he considers that there is good reason to do so, but where a
complaint has been dismissed by the complaints officer pursuant to (2)
above any application for an extension of time must be made to the Chief
Justice or the President, within 10 business days of the dismissal.

Form of complaint.

2. A complaint must be made in writing unless the complaints officer
considers it reasonable to accept a complaint in another form.

Withdrawal of complaint.

3.(1) A complainant may withdraw a complaint at any time, and it will be
treated as withdrawn if the complainant indicates that he does not want it, or
any further information he has provided, to be disclosed to the subject of a
complaint.

(2) If a complaint is withdrawn, or treated as withdrawn, the complaints
officer shall provide a copy of the complaint to the Judicial Service
Commission and, if the Judicial Service Commission considers that it
should be further considered, the Judicial Service Commission may direct
that it shall be further considered under these regulations.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 Referral of other information for consideration.

4. Where the President, the Chief Justice or the Judicial Service
Commission (or a member thereof) receives information from any source
which suggests to the recipient that a complaint might be justified, the
recipient may refer that information to the complaints officer to be dealt
with under these regulations and in such circumstances it shall be deemed,
for the purposes of these regulations, the Act and all other purposes, that a
complaint has been received by the complaints officer.

Consideration of a complaint by the complaints officer.

5.(1) The complaints officer 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 misbehaviour;

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

(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, or professional conduct in a non-
judicial capacity, of a holder of senior judicial office and could
not reasonably be considered to affect his ability to hold or to
exercise judicial office;

(j) for any other reason it does not relate to inability or
misbehaviour by a holder of senior judicial office.

(2) The complaints officer may not dismiss a complaint under (1)(a) above
unless the complainant has been given a reasonable opportunity to provide
adequate particulars of the complaint.
Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062
(3) Where an account of facts given by a complainant differs from an
account given by the subject of a complaint, the complaints officer must
consider any independent evidence which exists before dismissing the
complaint under (1) above, unless to do so would be disproportionate in all
the circumstances.

Further consideration of a complaint liable to be dismissed.

6.(1) Where the complaints officer dismisses a complaint under paragraph 5
he shall within 10 business days notify the Judicial Service Commission of
such fact and the reason or reasons for the dismissal.

(2) Where the Judicial Service Commission receives a notification under
(1) above it may, within one calendar month of receipt of the notification,
order that the dismissed complaint be considered further under these
regulations if it determines that the complaint is sufficiently serious for
further consideration to be necessary.

Referral to a nominated Justice of Appeal or Puisne Judge.

7. Where–

(a) the complaints officer has considered a complaint and it has
not been dismissed by him; or

(b) the complaints officer is informed that a complaint is the
subject of an order under paragraph 6(2),

the complaints officer must request that a judge be nominated in accordance
with paragraph 8 and on being informed of the identity of the nominated
judge the complaints officer must refer the complaint to him.

Nomination of a judge.

8.(1) A judge shall be nominated by the President or the Chief Justice in
accordance with this paragraph.

(2) The nominated judge must be a judicial office holder or a former
judicial office holder, of the same or higher judicial rank in Gibraltar or in
the United Kingdom than the subject of the complaint,

(3) The President or the Chief Justice may nominate a different judge to
deal with different complaints or with different aspects of the same
complaint.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 (4) In relation to a former judicial office holder, reference to his rank
means the rank he held immediately before he ceased to hold judicial office

Functions of a nominated judge.

9.(1) Subject to the provisions of section 36 of the Act, regarding the
functions of the Governor, and section 37(3) of the Act, regarding the
powers of the President, the nominated judge shall advise the Judicial
Service Commission–

(a) whether the complaint should be dismissed with no further
action:

(b) whether a judicial investigation is required; and if so how the
investigation should be carried out and what matters should be
considered in that investigation;

(c) whether disciplinary action should be taken without further
investigation, and if so what disciplinary action should be
recommended; or

(d) whether, in addition to or without a judicial investigation, some
other action should be taken.

(2) Before advising in accordance with paragraph (b), (c) or (d) of (1)
above the nominated judge must ensure that the subject of a complaint has
had an opportunity to respond in writing to the complaint.

Consideration by the Judicial Service Commission.

10. The Judicial Service Commission shall, after considering any advice
from the nominated judge and any representations from the subject of the
complaint, decide–

(a) that the complaint is unsubstantiated and is dismissed;

(b) that the complaint is substantiated wholly or in part but does
not require further action and is dismissed;

(c) to refer the matter to the President to exercise his powers under
section 37(3) of the Act, after consultation with the Judicial
Service Commission; or

(d) to tender advice in accordance with section 36(2) of the Act.

Procedure of investigation by an investigating judge.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 11.(1) If the Judicial Service Commission refers the matter to the President
under paragraph 10(c), the President may appoint a judicial office holder or
a former judicial office holder, of the same or higher judicial rank in
Gibraltar or in the United Kingdom than the subject of the complaint, as an
investigating judge. Such investigating judge must–

(a) decide how to conduct the investigation;

(b) notify the subject of a complaint and any complainant of his
proposals for the conduct of the investigation, and whether oral
evidence will be taken, and advise them that he will receive
written representations in relation to his proposals;

(c) invite the subject of a complaint to provide written or oral
evidence in response to the complaint and in response to any
further evidence or submissions that the investigating judge
may receive.

(2) The investigating judge may invite the complainant, and any other
person whom he considers may be able to assist, to provide written or oral
evidence and submissions.

(3) All evidence and submissions must be provided to the investigating
judge within such period as he may determine, and any oral evidence must
be recorded.

(4) Where the investigating judge considers it necessary to disclose
material obtained during the course of an investigation to any person other
than the subject of the complaint, he must first give the person who
provided the material and the subject of the complaint the opportunity to
make representations about the proposed disclosure and any representations
must be made within such reasonable period as the investigating judge may
determine.

(5) The terms of reference for the investigation by the investigating judge
shall be such as the President may decide.

(6) The investigating judge may ask the President to amend his terms of
reference, and any changes shall be such as the President may decide.

(7) In relation to a former judicial office holder, reference to his rank
means the rank he held immediately before he ceased to hold judicial office

Report of investigating judge.

12.(1) Subject to his terms of reference, the investigating judge may decide
the form and content of his report.
Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062
(2) The investigating judge must disclose a draft of his report to the
subject of a complaint who must be given the opportunity to make
representations about it.

(3) The investigating judge may show a draft of his report, or of any part
of it or a summary thereof, to the complainant or any other person who may
be given the opportunity to make representations about it.

(4) The investigating judge may set the period within which any
representations must be made.

(5) After considering any representations he may receive the investigating
judge must–

(a) complete his report and submit it to the President, with details
of any requested changes he has not made;

(b) send a copy of his report to the subject of the complaint;

(c) send a copy of his report or of the relevant part of his report to
the complainant.

(6) The President, after considering the report and consulting the Judicial
Service Commission, may exercise his powers under section 37(3) of the
Act.

(7) If the Judicial Service Commission, having been consulted by the
President, considers that the report gives rise to matters which should be
referred to the Governor under section 36(2), it shall do so in accordance
with the Act.

Notification of proposed disciplinary action and final decision.

13.(1) Where the Judicial Service Commission or the President (as the case
may be) proposes to take disciplinary action under paragraph 12 it or he (as
the case may be) must notify the subject of the complaint of the proposal
and allow him the opportunity to make representations, in writing, within 21
days.

(2) Having considered such representations that may be made the Judicial
Service Commission or the President (as the case may be) must make its
final decision and notify the subject of the complaint of that decision.

Deferral of consideration of a report.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 14.(1) Where a complaint arises out of proceedings in which a complainant
is involved, or in which the subject of a complaint sits, the complaints
officer may defer consideration of the complaint until he is notified that the
court proceedings have been concluded.

(2) Where the complaint arises out of proceedings in which the subject of
a complaint is a party the Judicial Service Commission may defer
consideration of the complaint until the complaints officer is notified that
the court proceedings have been concluded.

(3) Where the complaint relates to disciplinary proceedings by any
professional body the Judicial Service Commission may defer consideration
of the complaint until the complaints officer is notified that the disciplinary
proceedings have been concluded.

(4) Where the Judicial Service Commission defers consideration of a
complaint under (3) above it may draw the complaint to the attention of the
professional body responsible for the disciplinary proceedings.

Notification of Deferral.

15.(1) When a subject of a complaint has been notified that he is the subject
of a complaint, or otherwise the subject of disciplinary proceedings, the
complaints officer must inform him of any decision to defer consideration
of the complaint.

(2) When consideration of the complaint has been deferred, and the
complainant has not withdrawn his complaint, the complaints officer must
notify the complainant of the decision to defer consideration of the
complaint.

Revival of a deferred complaint.

16. When consideration of a complaint has been deferred under paragraph
14, and is revived on the conclusion of any proceedings to which that
paragraph refers, the subject matter of the complaint shall be limited to that
which formed the subject matter of the original complaint unless the
Judicial Service Commission decides otherwise.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 SCHEDULE 2

COMPLAINTS RELATING TO HOLDERS OF JUNIOR JUDICIAL
OFFICE.

Time limits within which a complaint must be made.

1.(1) A complaint must be made within one calendar month of the event or
matter complained of, but a complaint relating to a continuing state of
affairs may be made at any time while that state of affairs continues or
within one calendar month of it ending.

(2) Subject to sub-paragraph (3), any complaint made after the expiration
of those time limits must be dismissed by the complaints officer.

(3) The–

(a) complaints officer; or

(b) Chief Justice,

may extend the time for making a complaint, whether or not the time limit
has expired, if he considers that there is good reason to do so, but where a
complaint has been dismissed by the complaints officer pursuant to (2)
above any application for an extension of time must be made to the Chief
Justice within 10 business days of the dismissal.

Form of complaint.

2. A complaint must be made in writing unless the complaints officer
considers it reasonable to accept a complaint in another form.

Withdrawal of complaint.

3.(1) A complainant may withdraw a complaint at any time, and it will be
treated as withdrawn if the complainant indicates that he does not want it, or
any further information he has provided, to be disclosed to the subject of a
complaint.

(2) If a complaint is withdrawn, or treated as withdrawn, the complaints
officer shall provide a copy of the complaint to the Judicial Service
Commission and, if the Judicial Service Commission considers that it
should be further considered, the Judicial Service Commission may direct
that it shall be further considered under these regulations.

Referral of other information for consideration.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 4. Where the President, the Chief Justice or the Judicial Service
Commission (or a member thereof) receives information from any source
which suggests to the recipient that a complaint might be justified, the
recipient may refer that information to the complaints officer to be dealt
with under these regulations and in such circumstances it shall be deemed,
for the purposes of these regulations, the Act and all other purposes, that a
complaint has been received by the complaints officer.

Consideration of a complaint by the complaints officer.

5.(1) The complaints officer 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 misbehaviour;

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

(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 junior judicial office;

(i) it is about the private life, or professional conduct in a non-
judicial capacity, of a holder of junior judicial office and could
not reasonably be considered to affect his ability to hold or to
exercise junior judicial office;

(j) for any other reason it does not relate to inability or
misbehaviour by a holder of junior judicial office.

(2) The complaints officer may not dismiss a complaint under (1)(a) above
unless the complainant has been given a reasonable opportunity to provide
adequate particulars of the complaint.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 (3) Where an account of facts given by a complainant differs from an
account given by the subject of a complaint, the complaints officer must
consider any independent evidence which exists before dismissing the
complaint under (1) above, unless to do so would be disproportionate in all
the circumstances.

Further consideration of a complaint liable to be dismissed.

6.(1) Where the complaints officer dismisses a complaint under paragraph 5
he shall within 10 business days notify the Judicial Service Commission of
such fact and the reason or reasons for the dismissal.

(2) Where the Judicial Service Commission receives a notification under
(1) above it may, within one calendar month of receipt of the notification,
order that the dismissed complaint be considered further under these
regulations if it determines that the complaint is sufficiently serious for
further consideration to be necessary.

Referral to a nominated Justice of Appeal or Puisne Judge.

7. Where–

(a) the complaints officer has considered a complaint and it has
not been dismissed by him; or

(b) the complaints officer is informed that a complaint is the
subject of an order under paragraph 6(2),

the complaints officer must request that a judge be nominated in accordance
with paragraph 8 and on being informed of the identity of the nominated
judge the complaints officer must refer the complaint to him.

Nomination of a judge.

8.(1) A judge shall be nominated by the President or the Chief Justice in
accordance with this paragraph.

(2) The nominated judge must be a Justice of Appeal, a Puisne Judge, or a
former holder of such judicial office, in Gibraltar or in the United Kingdom.

(3) The President or the Chief Justice may nominate a different judge to
deal with different complaints or with different aspects of the same
complaint.

(4) In relation to a former judicial office holder, reference to his rank
means the rank he held immediately before he ceased to hold judicial office

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 Functions of a nominated judge.

9.(1) The nominated judge shall advise the Judicial Service Commission-

(a) whether the complaint should be dismissed with no further
action:

(b) whether a judicial investigation is required; and if so how the
investigation should be carried out and what matters should be
considered in that investigation;

(c) whether disciplinary action should be taken without further
investigation, and if so what disciplinary action should be
recommended; or

(d) whether, in addition to or without a judicial investigation, some
other action should be taken.

(2) Before advising in accordance with paragraph (b), (c) or (d) of (1)
above the nominated judge must ensure that the subject of a complaint has
had an opportunity to respond in writing to the complaint.

Consideration by the Judicial Service Commission.

10. The Judicial Service Commission shall, after considering any advice
from the nominated judge–

(i) if it considers the complaint to be sufficiently serious or
complex to require judicial investigation, request that the
President or the Chief Justice appoint an Investigating Judge;
or

(ii) deal with the complaint in accordance with paragraph 16.

Nomination of an investigating judge.

11.(1) When a case is to be subject to judicial investigation the President or
the Chief Justice shall nominate a judicial office holder or a former judicial
office holder to be the investigating judge.

(2) The investigating judge must be of the same or higher judicial rank in
Gibraltar or in the United Kingdom than–

(a) the subject of the complaint; and

(b) the nominated judge.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 (3) In relation to a former judicial office holder, reference to his rank
means the rank he held immediately before he ceased to hold judicial office

Terms of reference of investigating judge.

12.(1) The terms of reference for the investigation by the investigating
judge shall be such as the Judicial Service Commission may agree.

(2) The investigating judge may ask the Judicial Service Commission to
amend his terms of reference, and any changes shall be such as the Judicial
Service Commission may agree.

Functions of investigating judge.

13.(1) The investigating judge must advise the Judicial Service
Commission–

(a) as to the facts;

(b) whether the complaint is substantiated or not;

(c) whether disciplinary action should be taken, and if so what
disciplinary action should be taken; and

(d) as to any other matters in his terms of reference.

(2) Decisions on facts are to be made on the balance of probabilities.

Procedure of investigation by an investigating judge.

14.(1) The investigating judge must–

(a) decide how to conduct the investigation;

(b) notify the subject of a complaint and any complainant of his
proposals for the conduct of the investigation, and whether oral
evidence will be taken, and advise them that he will receive
written representations in relation to his proposals;

(c) invite the subject of a complaint to provide written or oral
evidence in response to the complaint and in response to any
further evidence or submissions that the investigating judge
may receive.

(2) The investigating judge may invite the complainant, and any other
person whom he considers may be able to assist, to provide written or oral
evidence and submissions.
Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062
(3) All evidence and submissions must be provided to the investigating
judge within such period as he may determine, and any oral evidence must
be recorded.

(4) Where the investigating judge considers it necessary to disclose
material obtained during the course of an investigation to any person other
than the subject of the complaint, he must first give the person who
provided the material and the subject of the complaint the opportunity to
make representations about the proposed disclosure and any representations
must be made within such reasonable period as the investigating judge may
determine.

Report of investigating judge.

15.(1) Subject to his terms of reference, the investigating judge may decide
the form and content of his report.

(2) The investigating judge must disclose a draft of his report to the
subject of a complaint who must be given the opportunity to make
representations about it.

(3) The investigating judge may show a draft of his report, or of any part
of it, or a summary thereof, to the complainant or any other person who may
be given the opportunity to make representations about it.

(4) The investigating judge may set the period within which any
representations must be made.

(5) After considering any representations he may receive the investigating
judge must–

(a) complete his report and submit it to the Judicial Service
Commission, with details of any requested changes he has not
made;

(b) send a copy of his report to the subject of the complaint;

(c) send a copy of his report or of the relevant part of his report to
the complainant.

Decisions and proposed disciplinary action.

16. Where the Judicial Service Commission has considered advice from a
nominated judge or a report from an investigating judge it shall decide that–

(a) the complaint is unsubstantiated and is dismissed;
Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062
(b) the complaint is substantiated wholly or in part but does not
require further action and is dismissed or held in a form which
may be used in connection with any future disciplinary
proceedings;

(c) the complaint is substantiated wholly or in part and should be
dealt with informally by the President or the Chief Justice or,
in relation to a Justice of the Peace, by the Stipendiary
Magistrate; or

(d) the complaint is substantiated wholly or in part and that the
Judicial Service Commission will advise the Governor to
exercise his power in accordance with section 37(1) of the Act
to terminate the appointment and remove from office a junior
judicial officer or use some lesser formal disciplinary power.

Notification of proposed disciplinary action and final decision.

17.(1) Where the Judicial Service Commission proposes to advise that any
disciplinary action be taken under paragraph 16(c) or (d), it must notify the
subject of the complaint of the proposal and allow him the opportunity to
make representations in writing within 21 days.

(2) Having considered such representations that may be made the Judicial
Service Commission must make its final decision and notify the subject of
the complaint of that decision.

Deferral of consideration of a report.

18.(1) Where a complaint arises out of proceedings in which a complainant
is involved, or in which the subject of a complaint sits, the complaints
officer may defer consideration of the complaint until he is notified that the
court proceedings have been concluded.

(2) Where the complaint arises out of proceedings in which the subject of
a complaint is a party the Judicial Service Commission may defer
consideration of the complaint until the complaints officer is notified that
the court proceedings have been concluded.

(3) Where the complaint relates to disciplinary proceedings by any
professional body the Judicial Service Commission may defer consideration
of the complaint until the complaints officer is notified that the disciplinary
proceedings have been concluded.

Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062 (4) Where the Judicial Service Commission defers consideration of a
complaint under (3) above it may draw the complaint to the attention of the
professional body responsible for the disciplinary proceedings.

Notification of Deferral.

19.(1) When a subject of a complaint has been notified that he is the subject
of a complaint, or otherwise the subject of disciplinary proceedings, the
complaints officer must inform him of any decision to defer consideration
of the complaint.

(2) When consideration of the complaint has been deferred, and the
complainant has not withdrawn his complaint, the complaints officer must
notify the complainant of the decision to defer consideration of the
complaint.

Revival of a deferred complaint.

20. When consideration of a complaint has been deferred under paragraph
18, and is revived on the conclusion of any proceedings to which that
paragraph refers, the subject matter of the complaint shall be limited to that
which formed the subject matter of the original complaint unless the
Judicial Service Commission decides otherwise.

Interim Suspension.

21.(1) Subject to the provisions of section 37 of the Act, after a complaint
has been received by the complaints officer the Judicial Service
Commission may decide to recommend to the Governor the suspension of
the subject of a complaint from his judicial office or offices. If it does so it
must–

(a) notify the subject of a complaint of the proposed suspension,
the reasons for it and the time when it is proposed that it will
come into effect:

(b) notify the subject of a complaint of the factors that will be
taken into account in determining when the suspension will be
lifted and invite him to make representations.

(2) The subject of a complaint must make any representations he wishes to
make in writing within 21 days.

(3) The Governor, if so advised by the Judicial Service Commission, may
suspend the holder of junior judicial office. Such suspension shall have
immediate effect notwithstanding that the period set out in (2) above may
not have ended.
Judicial Service JUDICIAL OFFICERS (COMPLAINTS) REGULATIONS 2016

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2007-26 Subsidiary 2016/062
(4) When the factors identified at (1)(b) above become operative, or any
other matter arises which the Judicial Service Commission consider to be
relevant, the Judicial Service Commission must–

(a) decide whether it is appropriate to continue the suspension;

(b) notify the subject of a complaint of their decision, and of the
reasons for that decision; and

(c) invite the subject of a complaint to make representations.

(5) The subject of a complaint must then make any representations he
chooses to make in writing within 21 days.

(6) The Governor shall then act on the advice of the Judicial Service
Commission.