Skip to main content

The fracking protesters ~ sentence ~ was there bias?

The  common law has developed various principles underpinning the integrity of legal process.  An example is the avoidance by decision-makers of bias.  A judge, trying a case, cannot have any direct personal or financial interest in the outcome but the law goes further and seeks to prevent even an appearance of bias.

One of the most famous judicial statements throughout legal history was that of Lord Hewart CJ in Ex p McCarthy [1924] 1 KB 256 - ". . . it is not merely of some importance but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done."


In the House of Lords judgment in Abdroikof [2007] UKHL 37, Lord Bingham (at paras.14-16) noted that the test for bias had been developed through a series of cases.  His Lordship said - "The legal test is whether the fair-minded and informed observer, having considered the facts, would conclude that there was a real possibility that the tribunal was biased.   The characteristics of the fair-minded and informed observer are that he must adopt a balanced approach and will be taken to be a reasonable member of the public, neither unduly complacent or naïve nor unduly cynical or suspicious."

This recent blogpost - 'Fracking' protesters jailed ~ Public Nuisance ~ excessive sentences - looked at the sentencing, for public nuisance, of three men who protested about fracking operations at a Cuadrilla site in Lancashire.  An appeal against the sentences has been lodged - The Guardian 5 October 2018.

It is now reported that a company (J C Altham and Sons)*, controlled by members of Judge Altham's family, supplies the Irish Sea oil and gas industry - Daily Record 11 October and Mirror 11 October.   The article states that the company supplies "ships’ stores, including food and drink, tools, rigging equipment and clothes."  The article does not state that the family business supplied Cuadrilla but the Centrica business (which includes British Gas ) is a significant investor in fracking operations conducted by Cuadrilla.  As reported in June 2018 by Drill or Drop, Cuadrilla, "recorded an annual profit for the first time following a multi-million dollar payment from partner, Centrica."

There is a clear implication in the Daily Record report that there is an appearance of bias in the involvement of Judge Altham with the fracking protesters.   The argument would run along the lines of the judge imposing heavy sentences so as to deter further protests because a business run by members of his family benefits from trading with companies involved in gas extraction / fracking.

This does not look good and the law extends to appearance of a real possibility that the tribunal was biased.  It remains to be seen whether this is raised in argument at the appeal.  The judge would have done well, in all the circumstances, to have recused himself.  Strict avoidance of the slightest appearance of bias is a key factor in upholding public confidence in the fairness and impartiality of the judiciary.

Guidance for the judiciary is to be seen at Guide to Judicial Conduct - revised March 2018

Note 1:

* Two companies appear in a Companies House search - Mrs J C Altham and Sons (Lancaster) Ltd (described as Agents involved in the sale of a variety of goods) and Mrs J C Altham and Sons (Morecambe) Ltd (Production of meat and poultry meat products).

Note 2:

The High Court refused to grant an injunction to prevent fracking at Preston New Road - BBC News 12 October.

Comments

Post a Comment

Popular posts from this blog

The Fastest Way To Lose Weight For Women

Have you been looking for the fastest way to shed pounds for girls however have come up empty handed? Is there a reason why girls have exclusive questions and issues than guys with regard to health? There is a lot incorrect information and contradictions in the health enterprise that it is able to make your head spin. We are going to address the ones very problems and get proper to the point. You want to lose weight the healthy way and also you want it fast. Let's jump proper in! 1)Fasting 1-2 times every week Don't fear approximately "ravenous" yourself or wondering if your frame will cross into "hunger mode." This is one in all the biggest myths of the diet and health industry. Fasting for a 24 hour period 1-2 instances per week is a completely healthful and useful way to lose fats. Fasting offers the digestive machine a break whilst creating a big caloric deficit this is needed to lose the extra pounds. Fasting has also been related to assuaging health tr...
Post a Comment
Read more

How Do You Get Lean? Start Eating Functionally

 Now, I like most of the people enjoy a chunk of ingesting out, specially breakfasts and even takeaways now and then and these ingredients can be included into your upkeep diet in moderation depending to your interest degree and fitness situation, however on the subject of achieving your goal within the first area a disciplined strategy is required. The manner to consume to get lean is knowing the GI/GL cost of the ingredients you eat and the way those impact the glycogen stores in your muscle groups and liver, to get lean you want to lower those shops so that you can enter the fat burning sector. So going into this you want to have your desires clean, you are trying to lose body fat, you want to be leaner and it's going to take discipline and effort, human beings that strive to tell you in any other case are possibly looking to kid you into shopping for their merchandise or some thing on the premise that it's the clean way. Now it's handiest human nature to are seeking ...
Post a Comment
Read more

Tips For Women Trying to Lose Body Fat

  Most dieters understand the physical venture of seeking to shed pounds, however many dieters forget the psychological struggles ahead. Below are  guidelines for women trying to lose body fat. Don't Live By The Scale When beginning a new diet you need to put yourself for fulfillment, no longer failure. One way to improve your motivation and keep losing body fats is to area less emphasis on a weight scale. It's not unusual for dieters who've exercised continuously and feel great to lose motivation when they step on a scale. Losing frame fat, and dropping body weight are not the same aim. It's possible to lessen your body fat and advantage new muscle without dropping a unmarried pound of frame weight, due to the fact the moves offset one another. A fantastic action may be perceived as negative when that happens. You have much less body fat with greater muscle definition, however you view the development in a bad light due to the fact your frame weight is the same....
Post a Comment
Read more