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Conduct of Judge Robin Tolson QC

EDM (Early Day Motion) 147: tabled on 06 February 2020

Tabled in the 2019-21 session.

This motion has been signed by 46 Members. It has not yet had any amendments submitted.

Motion text

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.

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
Signed on 10 February 2020
Cardiff North
Cooper, Rosie
Labour
Signed on 10 February 2020
West Lancashire
Gill, Preet Kaur
Labour
Signed on 10 February 2020
Birmingham, Edgbaston
Jones, Sarah
Labour
Signed on 10 February 2020
Croydon Central
Duffield, Rosie
Labour
Signed on 10 February 2020
Canterbury
Clark, Feryal
Labour
Signed on 10 February 2020
Enfield North
Ali, Rushanara
Labour
Signed on 10 February 2020
Bethnal Green and Bow
Cadbury, Ruth
Labour
Signed on 10 February 2020
Brentford and Isleworth
Owatemi, Taiwo
Labour
Signed on 10 February 2020
Coventry North West
Creasy, Stella
Labour
Signed on 10 February 2020
Walthamstow
Blake, Olivia
Labour
Signed on 10 February 2020
Sheffield, Hallam
Anderson, Fleur
Labour
Signed on 10 February 2020
Putney
De Cordova, Marsha
Labour
Signed on 10 February 2020
Battersea
Peacock, Stephanie
Labour
Signed on 10 February 2020
Barnsley East
Siddiq, Tulip
Labour
Signed on 10 February 2020
Hampstead and Kilburn
Shah, Naz
Labour
Signed on 10 February 2020
Bradford West
Brown, Ms Lyn
Labour
Signed on 10 February 2020
West Ham
Daby, Janet
Labour
Signed on 10 February 2020
Lewisham East
Lewell-Buck, Mrs Emma
Labour
Signed on 10 February 2020
South Shields
Webbe, Claudia
Labour
Signed on 10 February 2020
Leicester East
Whittome, Nadia
Labour
Signed on 10 February 2020
Nottingham East
Harman, Ms Harriet
Labour
Signed on 10 February 2020
Camberwell and Peckham
Stephens, Chris
Scottish National Party
Signed on 10 February 2020
Glasgow South West
Dorans, Allan
Scottish National Party
Signed on 11 February 2020
Ayr, Carrick and Cumnock
Glindon, Mary
Labour
Signed on 11 February 2020
North Tyneside
Lucas, Caroline
Green Party
Signed on 12 February 2020
Brighton, Pavilion
Hayes, Helen
Labour
Signed on 12 February 2020
Dulwich and West Norwood
Furniss, Gill
Labour
Signed on 12 February 2020
Sheffield, Brightside and Hillsborough
Hobhouse, Wera
Liberal Democrat
Signed on 12 February 2020
Bath
Dromey, Jack
Labour
Signed on 12 February 2020
Birmingham, Erdington
Cryer, John
Labour
Signed on 12 February 2020
Leyton and Wanstead
Morgan, Mr Stephen
Labour
Signed on 12 February 2020
Portsmouth South
Matheson, Christian
Labour
Signed on 12 February 2020
City of Chester
Hollern, Kate
Labour
Signed on 12 February 2020
Blackburn
Jones, Gerald
Labour
Signed on 12 February 2020
Merthyr Tydfil and Rhymney
Hardy, Emma
Labour
Signed on 12 February 2020
Kingston upon Hull West and Hessle
Tami, Mark
Labour
Signed on 18 February 2020
Alyn and Deeside
Hopkins, Rachel
Labour
Signed on 19 February 2020
Luton South
Blomfield, Paul
Labour
Signed on 24 February 2020
Sheffield Central

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.