Barra Hotel Ltd. v Att. Gen. [2000] JLR 370 (26 October 2000)

Barra Hotel Ltd. v Att. Gen. [2000] JLR 370 (26 October 2000)

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.

Citation
[2000] JLR 370
Parties
Applicant: Barra Hotel Ltd.; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
26 October 2000
Procedural Posture
Criminal / Recusal Application
Outcome
application for recusal dismissed
Legal Topics
Judicial Bias, Recusal, Fair Trial
Criminal Law Judicial Procedure Judicial Bias Recusal Fair Trial

Case Brief

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Parties

Barra Hotel Ltd.

Applicant

Attorney General

Respondent

Procedural Posture

Criminal / Recusal Application

Legal Issues

  1. 1 Whether the Bailiff should recuse himself for apparent bias when presiding over a criminal case prosecuted by the Attorney General, his brother.

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.

Court Disposition

application for recusal dismissed