JP is forced to apologise for saying migrant 'abused our hospitality'

Published 23rd Jul 2010

A magistrate has been forced to apologise for complaining that a foreign defendant was ‘abusing our hospitality’, it was revealed yesterday.

The JP was punished by senior judges for having 'displayed prejudice' against people who are not British.

A disciplinary board found the magistrate had failed to show ‘the qualities of social awareness and sound judgement’ expected of a court official.

They even considered sacking him from the bench, it was revealed.

Ministers in the Coalition government have previously used similar phrases about foreign criminals abusing British hospitality.

The action against the magistrate brought a wave of protest from MPs and criminal law experts who questioned why the use of such a phrase about a defendant accused of crime was in any way insulting or biased.

There was also criticism of the Office for Judicial Complaints, the organisation led by judges that polices wrongdoing on the bench, for its failure to name the male magistrate or give details of the case for which he was disciplined.

The magistrate was ‘reprimanded’ on the orders of Lord Chief Justice Lord Judge and ordered to ‘ undertake further training’.

He was also removed from a mentoring list of JPs who help to train other magistrates.

In its annual report, the OJC says ‘a judicial office holder had used words in open court with regard to a non-British defendant, that could have been construed as displaying prejudice against them for not being British, including saying, “We take exception to people coming to our shores and abusing our hospitality”.’

Criminologist Dr David Green of the Civitas think-tank said: ‘the magistrate has been sent for “further training”, which sounds to me like re-education as once practised by communist China and North Korea.

‘His phrase implies no hostility to somebody because they are a foreigner.

'It is a perfectly reasonable remark for a magistrate to make about a criminal and no matter for disciplinary action.’

Douglas Carswell, the Tory MP for Clacton, said the system for enforcing good behaviour among judges and magistrates had ceased to follow democratic values.

Among politicians who have used the magistrate’s phrase is Tony Blair, who as Prime Minister in 2006 wrote of ‘foreign nationals’ suspected of terrorism, ‘if he then abuses our hospitality and threatens us, i feel he should take his chance back in his own home country’.

A Home Office statement on crime last year said of foreigners: ‘We will not tolerate those that abuse our hospitality by becoming involved in crime.’

Last month Coalition Justice minister Crispin Blunt said in a Commons written answer: ‘Foreign nationals who come to our country and abuse our hospitality by breaking our laws should face the full force of the law.’

Dr Green added: ‘It is difficult to understand why the Office for Judicial Complaints has not made the details public so that people can make up their own minds.’

Source: ' Daily Mail '

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