Att. Gen. v Barra Hotel [2000] JLR 150 (17 April 2000)
- Citation
- [2000] JLR 150
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Recusation Application
More details
- Posture
- Criminal / Recusation Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Bailiff was not personally embarrassed by presiding over the case and there was no real possibility of bias merely because the prosecution was conducted on behalf of his brother, the Attorney General.
Court disposition
recusal application dismissed
02
Material facts
Parties
Attorney General
ProsecutorBarra Hotel
Defendant03
Procedural history
Posture
Criminal / Recusation Application
04
Questions and positions
Legal issues
Whether the Bailiff should recuse himself from presiding over a criminal case prosecuted on behalf of his brother, the Attorney General
Party arguments
- Applicant
- The Bailiff should recuse himself due to personal embarrassment arising from his brother's involvement as Attorney General in the prosecution.
- Respondent
- The Bailiff is not personally embarrassed and can preside impartially despite his brother's involvement.
05
Court’s reasoning
Legal principles
- 01
common law principle of judicial impartiality
A judge should recuse himself if personally embarrassed or if there is a real possibility of bias.
06
Ratio, limits and disposition
Ratio decidendi
The Bailiff was not personally embarrassed by presiding over the case and there was no real possibility of bias merely because the prosecution was conducted on behalf of his brother, the Attorney General.
Court disposition
recusal application dismissed
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Att. Gen. v Barra Hotel [2000] JLR 150 (17 April 2000) URL: https://www.bailii.org/je/cases/JLR/2000/JLR000150.html Cite as: [2000] JLR 150 [ New search ] [ Help ] Att. Gen. v Barra Hotel 2000 JLR 150 (17 April 2000) Courts - recusation - personal embarrassment - involvement of close relative in case-Bailiff not personally embarrassed by presiding over criminal case prosecuted on behalf of his brother, the Attorney General The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2000 JLR 150 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2000/JLR000150.html
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