§ 38. Mr. MackinlayTo ask the Minister of State, Lord Chancellor's Department, what is his Department's policy on the suspension with pay of members of the judiciary, pending criminal investigations. [56143]
§ Mr. HoonEach case must be considered on its own merits. However the Lord Chancellor would not normally consider it appropriate for a judge who was the subject of serious criminal proceedings to continue to sit pending the outcome of the case. Where the salary of a judge in such a position is protected by statute (as with Circuit Judges) salary must by law continue to be paid in full throughout this period. Such salary protection which prevents the salary of serving judges from being reduced or withheld whilst they continue to hold office is a vital part of securing the independence of the judiciary. Judges may be removed from office only in limited circumstances and subject to the relevant statutory provision. The Lord Chancellor may remove a Circuit Judge only on the grounds of misbehaviour or incapacity.