The defendants complained that on conviction the judge had expressed himself so trenchantly that they felt he could not carry out any later confiscation proceedings without being considered biased.
Held: It was right for a judge to express himself strongly, but he should always be aware if he might have yet to make some determination of the need to avoid any show of bias. An informed observer in this case hearing the judge’s comments on conviction might see such bias, and the verdict was set aside and a new trial ordered.
Judges:
Rose LJ, David Clarke J, Christopher Clarke J
Citations:
Times 14-Mar-2005
Jurisdiction:
England and Wales
Criminal Practice
Updated: 06 May 2022; Ref: scu.224050