2023년 2월 9일 목요일

What is the legal test in ​Porter and Magill​ for ‘apparent’ bias?

The legal test for "apparent bias" in Porter v. Magill is a two-stage test that is applied in cases involving judicial bias or impartiality. The test was established by the House of Lords in the United Kingdom in the case of Porter v. Magill and it has been widely adopted in common law jurisdictions, including Australia, Canada, New Zealand and South Africa. The two stages of the test are: The reasonable perception stage: this stage involves assessing whether, from the perspective of a fair-minded and informed observer, there is a real possibility or a reasonable suspicion that the judge was biased. This stage takes into account all relevant circumstances, including the background and conduct of the judge, the nature of the case and any relevant events that occurred during the proceedings. The materiality stage: if a real possibility or a reasonable suspicion of bias is established at the first stage, then the court will proceed to the second stage and consider whether the circumstances are such that the judge's bias would have affected the outcome of the case. In summary, the Porter v. Magill test requires the court to determine if there is a real possibility of bias and if so, whether the bias would have affected the outcome of the case.

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