PRINCIPLES OF NATURAL JUSTICE

Question 1

state the rules of Natural justice, the 2 latin maxims.

Answer 1

1. RIGHT TO FAIR TRIAL.- Ensures that an individual is given a proper opportunity to present his side of the case prior to a decision being reached.
2. RULE AGAINST BIAS- Ensuring that the decision itself is reached in an objective manner by an independent and impartial decision maker.

Question 2

Why is the case Ridge V. Baldwin (1964) significant?

Answer 2

The landmark case was a UK labour law case heard by the HOL , extending the principles of natural justice. It emphasized on the link between the right to be heard and the right to be aware of the case brought against an individual.

Question 3

What are the principles of right to fair trial . include case law example.

Answer 3

1. The right to be informed of the case to be met.
   - Kanda V. Govt. of Malaya (196)
   In this acse Lord denning gave credence that if the right to be heard was worth anything, it must right in the s=accused to .
   Know the case made against him
   what evidence has been given
   what statements ahve been made affecting him
   the right to correct or contardict tghem.

2.The right to reasonable time to prepare a response.
- R V. Thames Magistrates, ex. p polemis (1974)
Here a cargo ship was docked at river thames, shortly afterwards an oil slick appeares. hence a summon was served under the Pollution Act 1971 on the ship master, he was to appear befor the local magistarates that afternoon however his conviction was uashed as he was not given adequate time to prepare a response.

3. Right to be haeard.
   -everyojne is innocent until proven guilty. therefore giving one the right to convey their side of the case or story before it is ruled upon.

4.Right to cross examination.
an opportunity should be given to crss examine the witnesses. this is not an absolute right, it is subjectiove, depending on the case.

5.Right to legal representation
it depends on the nature of the proceedings and the determination of the decision maker.
- R V. board of visitors of HM Prison the Maze , ex. p hone (1998)
The appellants alleged that the boards decision in not allowing legal r during disciplinary proceedings amounted to a breach of natural justice.

6.Duty to give reason
Decision makers must give reasons behiond theior decision, the rationale of the case.

Question 4

define rule against bias, with case lwas

Answer 4

For a fair decision making process there should be an absence of bias, however bious can be insidious and be caused unconciously.
R V. Sussex Justices, ex p Mc Carthy (1924)
it was ruled that justice should not be done, but should manifestly and undoubtedly seen to be done.
- Dr Bonhems case
it was ruled that no man should be a judge in his own case.