AG v Barra Hotel [2000] JRC 71 (17 April 2000)
The familial relationship between the Bailiff and the Attorney General, without more, does not give rise to a real danger of bias or personal embarrassment sufficient to require recusal. The Bailiff is able to perform his judicial duties impartially, and the Attorney General has no personal interest in the outcome. The objection is without substance.
- Citation
- [2000] JRC 71
- Parties
- Prosecutor: Attorney General; Defendant: Defendant Company
- Jurisdiction
- Jersey
- Judgment Date
- 17 April 2000
- Procedural Posture
- Criminal Prosecution / Recusal Application Ruling
- Outcome
- recusal application dismissed
- Legal Topics
- Judicial Recusal, Apparent Bias, Family Relationship and Judicial Impartiality
Case Brief
Summary, issues, holding and outcome
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Parties
Attorney General
Prosecutor
Defendant Company
Defendant
Procedural Posture
Criminal Prosecution / Recusal Application Ruling
Legal Issues
- 1 Whether the Bailiff should recuse himself due to his brother being the current Attorney General, in whose name the prosecution is brought
- 2 Whether a reasonable and well-informed person would apprehend a real danger of bias
Ratio Decidendi
The familial relationship between the Bailiff and the Attorney General, without more, does not give rise to a real danger of bias or personal embarrassment sufficient to require recusal. The Bailiff is able to perform his judicial duties impartially, and the Attorney General has no personal interest in the outcome. The objection is without substance.
Court Disposition
recusal application dismissed
Orders
- The Bailiff declined to recuse himself and will continue to preside over the trial.
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