Archive for the 'bias' Category

Michel v The Queen – WLR Daily

Michel v The Queen [2009] UKPC 40; [2009] WLR (D) 312

“A defendant’s right to a fair trial was absolute and he was entitled to explain his case, however improbable, without constantly being subjected to the judge’s sarcasm and hostility. When the impropriety of a judge’s interventions and interruptions in a trial were so extreme as to render the trial unfair, an appeal court had no alternative but to set the conviction aside even when the evidence against the defendant was overwhelming.”

WLR Daily, 4th November 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Retrial ordered for crash couple – BBC News

“A judge has ordered a retrial in a case of causing death by dangerous driving after a juror was overheard making comments judged to be biased.”

Full story

BBC News, 27th March 2009

Source: www.bbc.co.uk

Regina v Cole – Times Law Reports

Regina v Cole

Court of Appeal (Criminal Division)

“A trial judge’s attitude towards defence counsel, which included sending her a note headed ‘6 P’s’ with a list of words in bold underneath saying ‘Prior Planning Prevents Piss Poor Performance’ contributed towards preventing a defendant receiving a fair trial.”

The Times, 16th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Helow v Secretary of State for the Home Department and Another – Times Law Reports

Helow v Secretary of State for the Home Department and Another

House of Lords

“A judge’s membership of a Jewish association whose magazine had expressed partisan views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to have raised the possibility of bias and want of impartiality when determining an immigration appeal by a Palestinian activist.”

The Times, 5th November 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Regina (Haase) v Independent Adjudicator and Another – Times Law Reports

Regina (Haase) v Independent Adjudicator and Another

Court of Appeal

“In order to ensure that a trial was fair for the purposes of article 6 of the European Convention on Human Rights the tribunal was required to be independent and impartial, but it was not necessary for the prosecutor to be independent and impartial.”

The Times, 28th October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Helow v Secretary of State for the Home Department – WLR Daily

Helow v Secretary of State for the Home Department [2008] UKHL 62; [2008] WLR (D) 00; [2008] WLR (D) 326

“A judge’s membership of a Jewish association whose magazine had expressed extreme views against Palestinian causes did not in itself imply that the judge shared or endorsed such views so as to require her determination of an immigration appeal by a Palestinian activist to be set aside.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Channel 4 ruled ‘unjust and unfair’ in climate change documentary – The Guardian

“Ofcom has ruled that Channel 4 breached broadcasting codes on impartiality and was ‘unjust and unfair’ in the way it represented individuals in its controversial documentary The Great Global Warming Swindle.”

Full story

The Guardian, 21st July 2008

Source: www.guardian.co.uk


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