Sheriff accused of sexual harassment to be removed from office

A sheriff accused of sexual harassment will be removed from office after a tribunal found him unfit for the role.

First Minister John Swinney announced the move after an independent tribunal report found Sheriff John Brown's "misbehaviour" renders him unfit for judicial office.

The tribunal found Sheriff Brown's behaviour towards two women had amounted to "serious improper conduct".

It found he had acted inappropriately towards a woman in 2001 or 2002, and another in 2018.

In its report, the tribunal said its findings "raise manifest and serious concerns as to the character and integrity" of Sheriff John Brown - known as Jack.

It said: "The public rightly expect that the considerable powers vested in a judge will be exercised by people with high personal standards.

"Standing the nature and gravity of our findings, we cannot say that JOH (judicial office holder) would have the confidence of those appearing before him.

"In our view his continuance in office would be likely to impact on public trust in the due administration of justice in our courts and bring it into disrepute."

The recent tribunal follows a tribunal in March 2021 which found whilst Sheriff Brown had acted inappropriately, he was not unfit for the role.

That tribunal's decision was quashed by the Court of Session in 2022 on the basis that it had proceeded in ignorance of the availability of other evidence from other witnesses.

A fresh tribunal was convened in September 2022 and published its findings in spring 2024.

Under the Courts Reform (Scotland) Act 2014 Act, if a tribunal reports to the First Minister that a judicial office holder is unfit to hold office by reason of inability, neglect or misbehaviour, the First Minister may remove them from office.

"Serious concerns"

Mr Swinney, on Tuesday, laid an order before the Scottish Parliament that will mean Sheriff Brown, who sits in the Sheriffdom of Grampian, Highland and Islands, is removed from office on June 7 2024.

The First Minister said: "Given the nature and gravity of the tribunal's findings, there are compelling reasons to remove Sheriff Brown.

"The tribunal has reported serious concerns as to his character and integrity, contrary to the standards of conduct and probity expected of anyone holding judicial office."

A spokesperson for the Judicial Office for Scotland said: "It is clear the sheriff's conduct was completely unacceptable, especially for someone who has been appointed to uphold the law.

"This type of behaviour cannot and will not be tolerated."