A sheriff passed a comment that he would not grant legal aid to a miner. He was overheard by a solicitor. The solicitor subsequently asked that sheriff to recuse himself on applications for legal aid by miners accused of breach of the peace while picketing during the strike.
Held: The sheriff should have stood by. A reasonable person hearing the sheriff would conclude that he was biased. The disqualification applied whether or not in fact there was any bias.
Judges:
Lord Justice-Clerk Ross
Citations:
1985 SCCR at 379, (1986) Crim LR 690, 1986 SLT 244
Jurisdiction:
Scotland
Citing:
Applied – Law v Chartered Institute of Patent Agents 1919
Eve J discussed the test for bias in the members of a council making a decision: ‘If he has a bias which renders him otherwise than an impartial judge he is disqualified from performing his duty. Nay, more (so jealous is the policy of our law of the . .
Cited by:
Cited – Cheryl Little, (HMA v Anstruther) ScSf 21-Sep-2001
An order was made against a witness for prevarication. The order was challenged on the basis that she had not had a fair trial, not having a hearing before an independent tribunal. The same judge had acted as witness prosecutor and judge and jury. . .
Cited – Gillies v Secretary of State for Work and Pensions HL 26-Jan-2006
The claimant said that the medical member of the tribunal which had heard his disability claim was biased. The doctor was on a temporary contract and also worked for an agency which contracted directly the Benfits Agency. The court of session had . .
Lists of cited by and citing cases may be incomplete.
Crime, Natural Justice
Updated: 04 May 2022; Ref: scu.181057