Jersey Law Reports

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You are here: BAILII >> Databases >> Jersey Law Reports >> Capuano v Att. Gen. [2014] 2 JLR 95 (30 July 2014)
URL: http://www.bailii.org/je/cases/JLR/2014/JLR142095.html
Cite as: [2014] 2 JLR 95

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Capuano v Att. Gen. 2014 (2) JLR 95 (30 July 2014)

Criminal Procedure-fair trial-bias-apparent bias-whether fair-minded and informed observer would conclude real possibility of bias arising from Bailiff's knowledge of defendant's previous convictions when exercising casting vote under Royal Court (Jersey) Law 1948, art. 15(4) depends on facts of individual case-observer to consider all relevant facts, including Bailiff's ability to disregard irrelevant and inadmissible material-Bailiff not required publicly to direct himself to disregard defendant's previous convictions-may be difficult to avoid appearance of bias if, for example, Bailiff has intimate knowledge of defendant's background

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