House of Commons
Conduct of Judge Robin Tolson QC
EDM #147
Tabled 06 February 2020
2019-21 Session
That this House welcomes the overturning by the High Court of Justice Tolson’s ruling in the Central Family Court that a sexual assault did not constitute rape because the woman had taken no physical step to encourage the man to desist; notes with concern the High Court’s findings that Justice Tolson failed to apply the definitions of domestic abuse and coercive and controlling behaviour, dismissed or ignored reports from the police, failed to allow the Appellant to make her full submission and repeatedly interrupted her; further notes with concern the High Court’s findings on Justice Tolson’s judgment that the real risk of the appearance of a partisan approach in that judge’s conduct was self-evident and that the fact that the judge preferred the Respondent’s case was patent throughout his judgment; highlights the High Court’s further findings that Justice Tolson’s reasons for dismissing the evidence of the Appellant were wrong, specifically, that he made a finding regarding the Appellant’s psychological state of mind without any forensic expert evidence; further highlights that the High Court found that Justice Tolson’s approach towards the issue of consent was manifestly at odds with current jurisprudence, concomitant sexual behaviour, and what is currently acceptable socio-sexual conduct; notes with concern that Justice Tolson continues to preside over cases involving domestic abuse and rape in the Family Courts; and calls on the Government to take steps with the Judicial College to ensure that training is made mandatory for family court and criminal court judges on the legally correct and appropriate approach to take when hearing domestic abuse and sexual assault allegations.

Signatures (46)

The first 6 Members who have signed to support the motion are the sponsors. The primary sponsor is generally the person who tabled the motion and has responsibility for it. The date shown is when the Member signed the motion.
In addition to the sponsors, the following Members have signed to support the motion.
McMorrin, Anna
Labour
10 February 2020
Cooper, Rosie
Labour
10 February 2020
Gill, Preet Kaur
Labour
10 February 2020
Jones, Sarah
Labour
10 February 2020
Duffield, Rosie
Labour
10 February 2020
Clark, Feryal
Labour
10 February 2020
Ali, Rushanara
Labour
10 February 2020
Cadbury, Ruth
Labour
10 February 2020
Owatemi, Taiwo
Labour
10 February 2020
Creasy, Stella
Labour
10 February 2020
Blake, Olivia
Labour
10 February 2020
Anderson, Fleur
Labour
10 February 2020
De Cordova, Marsha
Labour
10 February 2020
Peacock, Stephanie
Labour
10 February 2020
Siddiq, Tulip
Labour
10 February 2020
Shah, Naz
Labour
10 February 2020
Brown, Ms Lyn
Labour
10 February 2020
Daby, Janet
Labour
10 February 2020
Lewell-Buck, Mrs Emma
Labour
10 February 2020
Webbe, Claudia
Labour
10 February 2020
Whittome, Nadia
Labour
10 February 2020
Harman, Ms Harriet
Labour
10 February 2020
Stephens, Chris
Scottish National Party
10 February 2020
Dorans, Allan
Scottish National Party
11 February 2020
Glindon, Mary
Labour
11 February 2020
Lucas, Caroline
Green Party
12 February 2020
Hayes, Helen
Labour
12 February 2020
Furniss, Gill
Labour
12 February 2020
Hobhouse, Wera
Liberal Democrat
12 February 2020
Dromey, Jack
Labour
12 February 2020
Cryer, John
Labour
12 February 2020
Morgan, Mr Stephen
Labour
12 February 2020
Matheson, Christian
Labour
12 February 2020
Hollern, Kate
Labour
12 February 2020
Jones, Gerald
Labour
12 February 2020
Hardy, Emma
Labour
12 February 2020
Tami, Mark
Labour
18 February 2020
Hopkins, Rachel
Labour
19 February 2020
Blomfield, Paul
Labour
24 February 2020
These members had previously signed the motion, but have now withdrawn their support. The date shown is when the Member withdrew their signature from the motion.