Booth's integrity as judge at issue

There are no official rules that govern the behaviour of Cherie Blair, wife of a serving prime minister.

But as a leading barrister and part-time judge, Cherie Booth QC must obey the rules of her profession and the code of conduct of the judiciary.

Under the Bar Council's professional rules, a barrister "must not permit her absolute independence, integrity and freedom from external pressures to be compromised". Ms Booth's involvement in the case of Peter Foster and his attempt to resist deportation may raise questions about her conduct as a public figure but it is doubtful that she has done anything to land her in hot water with the Bar.

By reassuring Mr Foster that his deportation was following the normal judicial process, Ms Booth was acting as a loyal friend to Carole Caplin, rather than as an immigration barrister. That interpretation might change if she is found to have been intervening as a barrister in a case in which she had not been instructed.

A tougher standard of behaviour is imposed on Recorder Cherie Booth, who since 1996 has been sitting as a part-time judge in criminal cases.

Judges must ensure that while holding judicial office they conduct themselves in a "manner consistent with the authority and standing of a judge". They must not, in any capacity, "engage in any activity which might undermine, or be reasonably thought to undermine, their judicial independence or impartiality".

It is difficult to see how Ms Booth might have undermined her independence as a judge. Although members of the judiciary must resign any commercial directorships before taking office they can manage their family's property or other assets. Ms Booth sits as a part-time judge in the Crown Court and there is therefore little chance of her commercial or outside interests influencing her role in criminal proceedings.

Where Ms Booth the judge might be called to account is over the truthfulness of her statements made to the press about her knowledge of Mr Foster's criminal past.

But it is up to the Lord Chancellor, Lord Irvine of Lairg, her former mentor and pupil master, to decide whether Cherie Booth's behaviour has undermined her integrity as a member of the judiciary.