Nicole Keeling
A magistrate has been reprimanded after making a controversial comment as he sentenced a defendant to return to prison. Edwin Hastings-Smith JP, while presiding over the case, said, “You’ve had your day of freedom, now back to prison. Sweet dreams.” His remark led to strong criticism, with some expressing concerns that it could have put a prison officer in danger.
The Judicial Conduct Investigations Office (JCIO) launched an inquiry into the incident, which occurred during the sentencing. The remark was deemed “unnecessary” by a custody suite manager, who filed a complaint. According to the investigation, the comment was inappropriate and raised safety concerns, potentially putting a prison officer “at risk of injury.”
Hastings-Smith, who works within the southeast court region, accepted full responsibility for the inappropriate remark. He admitted that it was “unnecessary” and “unacceptable” and apologised to both the defendant and the prison officer for any distress caused.
Magistrates, typically sitting in panels of three—comprising two wingers and a presiding justice—work together to make decisions, with the presiding justice speaking on behalf of the group in court. Despite the collective nature of the magistrate bench, Hastings-Smith was solely responsible for the comment.
Following the investigation, Mr Justice Keehan, in agreement with the Lord Chancellor, formally issued advice to Hastings-Smith regarding his conduct, deeming it a case of misconduct.