ANGUS Macpherson, the Conservative candidate to be Wiltshire’s first police and crime commissioner, will have to quit as a magistrate if elected to the post – following a surprise edict from a judge.

Lord Justice Goldring, senior presiding judge, originally declared that all candidates running for the new post at forces nationwide must resign immediately. But following opposition, he reconsidered and said they should not sit on cases until polling day on November 15, and should resign if elected.

Mr Macpherson, of Wroughton , an accountant, who has been a JP in Swindon for nearly 20 years, said he agreed there would be a conflict of interest and said he had already moved onto the supplementary list of magistracy, meaning he is not available to sit.

“I had already, before the learned judge had spoken, asked to move on to the supplementary list of the magistracy and I haven’t been sitting for a month or so,” he said.

“And obviously, for anyone who is successful as a police and crime commissioner, as I would hope to be, it wouldn’t be appropriate to sit as a magistrate and in that office it makes perfect sense.

“There is certainly a crossover between the office and the magistracy because you are setting down a policy, you are setting priorities, and if you are sitting in judgement and someone comes before you having allegedly transgressed one of your priorities, you are not seen to be totally independent in sentencing or in being judicial.

“It’s very much the same if you are a shareholder in Tesco and someone comes up to you for shoplifting in Tesco, you have a conflict of interest so you should sit out.”

Mr Macpherson said he would not mention by name his role as a JP in his election material, but he might make reference to ‘years of experience in criminal justice’.

In a statement published by the Judicial Office on Friday, Lord Justice Goldring said: “Given that several serving magistrates were selected as candidates before the guidance and appreciating that the elections will be in November, it seems to me appropriate in respect of the present elections not to press the following part of the guidance.

“Provided a magistrate undertakes not to sit from the time of his/her selection as a candidate, and to resign if elected, he/she may resume sitting if not elected. “In other words, in respect of the present elections, it will not be necessary to resign upon announcing an intention to stand.”

Mr Macpherson will go up against Labour’s Clare Moody, a senior official at Unite, who was the first candidate announced in May. The Lib Dems have yet to announce a candidate.