The Role of the Judge

Question 1

What is the most important presumption in criminal law?

Answer 1

The Presumption of Innocence

Question 2

What presumption relates to judicial conduct?

Answer 2

Presumption of Impartiality

Question 3

Presumption of Impartiality?

Answer 3

Prevents a judge from doing whatever they want, allows us to know that the law will be apply equally, without fear or favor.

Question 4

What is the test for establishing a reasonable apprehension of bias for a judge?

Answer 4

Would a reasonable person conclude that the judge decided the case fairly?

Question 5

Important Notes from R v Ibrahim?

Answer 5

• Gives insight into judicial conduct
• Judges are PRESUMED to be impartial
• Judge has significant influence on a jury
• When evaluating a trial judge’s actions, the question is whether the actions led to an unfair trial