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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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What is the position at a Magistrates Court if one of the presiding

Resolved Question:

What is the position at a Magistrates Court if one of the presiding magistrates and the defendant are known to one another and are in a business relationship i.e. the magistrate is a client of the defendant?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

If this happens, then the magistrate must recuse himself, and advise that he cannot deal with the case at all. This is a clear conflict of interest and apparent bias - it would result in the appeal court overturning anything that happened on the case.

tdlawyer :

Do you want to ask me anything specifically about this?

Customer:

No, your answer was entirely adequate. I have to appear in a magistrates court on 14/03, and I believe the Chairman of the Bench will be one of my clients.

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