Magistrate reprimanded for telling defendant ‘sweet dreams’ as he jailed him

A magistrate who wished a defendant “sweet dreams” as he sent them back to prison has been reprimanded.

Edwin Hastings-Smith JP’s comment triggered a furious reaction, putting a prison officer “at risk of injury”, an investigation by the Judicial Conduct Investigations Office heard.

As he was sentencing the defendant, the JP remarked: “You have had your day of freedom, now back to prison. Sweet dreams.”

A custody suite manager later complained about his “unnecessary” comment.

Magistrates sit in benches of three, made up of two wingers and a presiding justice.

All three magistrates contribute to the decision-making, but the presiding justice speaks on their behalf in court.

Mr Hastings-Smith, who works in the south-east courts region, took full responsibility for making the comment, which he described as “inappropriate, unnecessary and unacceptable”, the investigation heard.

“He offered his apologies to the defendant and the prison officer for any distress and offence caused.”

The remark placed the prison officer at “unnecessary risk of injury”, investigators concluded.

A spokesperson for the Judicial Conduct Investigations Office said: “Mr Justice Keehan, with the Lord Chancellor’s agreement, has issued Mr Edwin Hastings-Smith JP with formal advice for misconduct.”