Judge given formal advice over ‘sugar plantation’ remark

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By Legal Cheek on

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Apologises for ‘ill-judged’ comment

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A district judge has been given formal advice after making an “ill-judged” remark during a court hearing that was perceived as “racially pejorative”, the Judicial Conduct Investigations Office (JCIO) has found.

District Judge Leo Pyle, sitting in Sheffield, asked the defendant why he would need to carry a machete in the town centre “unless you are a sugar plantation owner”. The comment prompted a complaint over its inappropriateness and the connotations of referring to a “plantation” in relation to the defendant with “dark skin tone”.

Pyle apologised, stating the remark was intended as a rhetorical question to highlight that there was no legitimate reason to be carrying a machete on the streets of Sheffield. He said he did not intend to display any overt or unconscious bias.

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Following an investigation, a nominated judge for the JCIO found that the remark was “ill-judged and contrary to judicial training” on avoiding language that strays beyond the facts of the case. The comment was also found not to be respectful of the defendant or their appearance, and was perceived by others as “racially pejorative”. Pyle’s conduct was held to have fallen short of the standards expected of the judiciary.

In recommending a sanction of formal advice, the JCIO said account was taken of the upset caused, Pyle’s sincere apology, his long service and his strong relationships with court users.

The Lady Chief Justice and Lord Chancellor agreed with this recommendation and issued Pyle with formal advice, the lowest level of disciplinary sanction for judicial misconduct.

5 Comments

Speechless

Formal advice for saying “plantation” in the presence of a black person? Without any hint of a racial connection in its use?

This country needs to sort out its relationship with speech. Hypersensitivity like this is why the UK is the world’s leader in arrests for social media posts- more than the next 5 countries combined! And that’s up against some stiff competition in Germany and China.

Hmm

And remember, if you ever get charged for saying hurty words online, the government wants to make it all but impossible for you to have your defence heard by a jury of your peers.

Asante

The finding was that it was an ill-judged remark and contrary to judicial training. The District Judge apologized presumably voluntarily and out of a genuine sense of remorse. If that is correct it is not “hypersensitive” because it was outside the boundary what is permitted. I cannot understand why you cannot see that offense would be caused to a black person whose ancestors were held in slavery and forced to work on sugar plantations for well over 250 years by Britain cutting sugar cane from morning to dusk using machetes. Shame on you.

George of the [Can't Say]

The high rates are a function of the post-Brexit bravado of basic racists. The UK had national riots whipped up by these people, and that explains why appropriate steps were taken. There is hardly an imprisoned riot-inducer who was not heavily influenced by Russian bots.

Roy Anderson

I’m a little surprised that my suggestion that this case demonstrates that JOIC intervention may be bad for the independence of the judiciary was censored by you . As will this further comment I suppose.

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