Bias Flashcards
Lord Coke’s view on bias:
“No man is to be judge in his own case”
Dr Bonham’s case
Lord Hewart’s view:
“Of fundamental importance importance is that Justice should not only be done, but should manifestly and undoubtedly be seen to be done”
The King v Sussex Justices
Bias
“An interest in the outcome of the case or an indication of prejudice against a party to the case”
Davidson v Scottish Ministers
Tests for Bias
(i) Real Possibility Test – Porter v Magill
(ii) Real Danger Test – Regina Respondent v Gough Appellant
Porter v Magill
Whether the fair minded and reasonable observer, after having considered the relevant facts, would conclude that there was a real possibility that the tribunal was biased.
Impartiality
The judge or adjudicator listening to each side with equal attention and coming to a decision on the matter, irrespective of his or her personal views.
Regina Respondent v Gough Appellant
“I prefer to state the test in terms of ‘real danger’ rather than ‘real likelihood’ to ensure that the courts are thinking of possibility rather than probability”.
ECtHR’s preferred test:
Was there an objectively justified and legitimate reason for fearing a lack of partiality in the decision-maker.
McGonnel v UK
Types of Bias
Financial
Political
Perceived
Perceived Bias
A real risk of the possibility of bias.
R v Abdoroikov
R v Abdoroikov
Concerned a close connection between CPS lawyers and police officers.
Political Bias
Does not completely disqualify adjudication.
R v Amber Valley DC Ex P. Jackson
Financial Bias
Financial interests which do not exceed those of every other citizen do not disqualify adjudication.
Bromley London Borough Council v Greater London Council
