Barra Hotel Ltd. v Att. Gen. [2000] JLR 370 (26 October 2000)
- Citation
- [2000] JLR 370
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Criminal / Recusal Application
More details
- Posture
- Criminal / Recusal Application
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
There is no apparent bias requiring recusal where the Bailiff presides over a criminal case prosecuted by his brother, the Attorney General, if both are performing their regular official duties and no other relevant factor is present.
Court disposition
application for recusal dismissed
02
Material facts
Parties
Barra Hotel Ltd.
ApplicantAttorney General
Respondent03
Procedural history
Posture
Criminal / Recusal Application
04
Questions and positions
Legal issues
Whether the Bailiff should recuse himself for apparent bias when presiding over a criminal case prosecuted by the Attorney General, his brother.
Party arguments
- Applicant
- The applicant argued that there was apparent bias because the Bailiff was presiding over a case prosecuted by his brother, the Attorney General, raising a reasonable suspicion that a fair trial was not possible.
- Respondent
- The respondent argued that both the Bailiff and the Attorney General were simply performing their regular duties of office and that no reasonable suspicion or apprehension of bias arose in these circumstances.
05
Court’s reasoning
Legal principles
- 01
Jersey Law Reports [2000] JLR 370
No reasonable suspicion or apprehension of bias arises solely because a judge presides over a case prosecuted by a relative who is performing official duties, unless there is some other relevant factor such as the relative being called as a witness or their credibility being in issue.
06
Ratio, limits and disposition
Ratio decidendi
There is no apparent bias requiring recusal where the Bailiff presides over a criminal case prosecuted by his brother, the Attorney General, if both are performing their regular official duties and no other relevant factor is present.
Obiter and limits
- If the Attorney General were called as a witness or his credibility were otherwise in issue, there could be potential for apparent bias.
Court disposition
application for recusal dismissed
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Barra Hotel Ltd. v Att. Gen. [2000] JLR 370 (26 October 2000) URL: https://www.bailii.org/je/cases/JLR/2000/JLR000370.html Cite as: [2000] JLR 370 [ New search ] [ Help ] Barra Hotel Ltd. v Att. Gen. 2000 JLR 370 (26 October 2000) Courts - recusation - apparent bias - no "reasonable suspicion or apprehension" that fair trial not possible because Bailiff presides over criminal case prosecuted on behalf of his brother, the Attorney General, where both simply performing regular duties of office-if some other relevant fact, e.g. Attorney General called as witness or credibility otherwise in issue, potential for apparent bias 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 370 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2000/JLR000370.html
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