Formal advice for misconduct has been issued to UK magistrate Clive Powell after an investigation into his conduct during a judicial training session.
The advice was issued by High Court judge Michael Keehan, acting on behalf of the Lady Chief Justice Sue Carr, with the approval of the Lord Chancellor David Lammy.
The matter arose from a complaint made to the Judicial Conduct Investigations Office (JCIO), which alleged that Mr Powell had disrupted the session by repeatedly criticising the course content. It was claimed that he described the material as “offensive,” challenged the trainers, and continued to press his concerns despite attempts to move the session forward.
According to the complaint, other attendees felt uncomfortable and suggested that Mr Powell either leave the session or raise his concerns through formal channels. It was further alleged that he raised his voice, persisted after being asked to stop, and made remarks indicating dissatisfaction with the training.
Mr Powell denied behaving inappropriately and disputed the account given in the complaint. He stated that other magistrates had also questioned the training and alleged that the trainers were dismissive and unwilling to engage. He also said the course caused him significant personal distress due to previous experiences affecting his wellbeing, and argued that the organisers failed to take this into account.
Following an investigation, the JCIO upheld the complaint. While acknowledging Mr Powell’s personal circumstances, the office concluded that they did not excuse his conduct. The behaviour was described as inappropriate, discourteous, and unprofessional, particularly as alternative options were available, such as requesting an exemption from the training or raising concerns through proper procedures.
The JCIO also noted a lack of acknowledgement of the impact of Mr Powell’s behaviour on others and concluded that his actions posed a risk of harm to both trainers and attendees. In issuing the formal advice, Judge Keehan took into account Mr Powell’s length of service as a magistrate and the personal factors raised as mitigation.
Mr Powell currently serves as a bench chair for Avon and Somerset.