• PART 3 PART 3 — Decisions

    • 9. Consideration of advice

      Before making a decision under rule 12 in relation to a case, the Chief Justice must consider any advice provided by a person who or a body that has conducted an investigation into a case in accordance with rules made under rule 5.

    • 10. Further investigation

      (1) This rule applies where the Chief Justice has considered advice in accordance with rule 9 and he requires further investigation before making a decision under rule 12.
      (2) If the Chief Justice agrees, he may refer a case to a person or body listed in paragraph (3) to further investigate.
      (3) The persons and bodies are —
      (a) a nominated judge;
      (b) an investigating judge; or
      (c) a disciplinary panel.
      (4) Any further investigation must be carried out in accordance with rules made under rule 5.

    • 11. Removal when other disciplinary power is recommended

      (1) This rule applies where —
      (a) advice has been provided to the Chief Justice by a person who or a body that has conducted an investigation into a case in accordance with rules made under rule 5; and
      (b) that advice does not recommend the removal or suspension of a judicial office holder from office but the Chief Justice considers removal or suspension to be the appropriate disciplinary action.
      (2) The Chief Justice must constitute a disciplinary panel and refer the complaint to it.
      (3) The disciplinary panel must —
      (a) investigate the case in accordance with rules made under rule 5; and
      (b) advise the Chief Justice whether disciplinary action should be taken, and if so, what disciplinary action should be taken.
      (4) The Chief Justice must consider the advice provided by the disciplinary panel before making a decision in accordance with rule 12.

    • 12. Decision

      (1) This rule applies where the Chief Justice has considered advice in accordance with rule 9 and —
      (a) decides either not to exercise, or exercise further, his powers in rule 10; and
      (b) rule 11 does not apply.
      (2) The Chief Justice may agree —
      (a) to dismiss a case; or
      (b) to take a particular disciplinary action.
      (3) Where a case is dismissed, the Chief Justice may —
      (a) agree that the alleged conduct took place but did not constitute misconduct; and
      (b) deal with the matter informally.

    • 13. Notification of final decision

      The Bureau must inform the following personsof the decision made by the Chief Justice under rule 12

      (a) the judicial office holder concerned; and
      (b) the complainant.