CPR3701 assignment

2. Discus the rights and duties of assessors Criminal cases in superior courts are tried either by a judge sitting alone or with one or two assessors an assessor is a person who in the opinion of the judge has experience in the administration of justice or skill in any matter which may be considered at trial. In cases where expert evidence is expected to be led the judge may sit with an assessor who is professionally qualified in the field in question. Rights and duties of assessors. Before the trial commences, the assessors must take an oath that they will give a true verdict, according to the evidence upon the issues to be tried. As soon as an oath has been administered by the judge, the assessors are members of the court, subject to the following provisos: 1. A decision or finding on fact is taken by the majority of the court – in the case of one assessor, the judge rules in the case of a difference of opinion 2. The presiding judge may decide that it would be in the interests of justice that the assessor(s) do not take part in any decision on the admissibility of evidence of a confession or statement made by the accused. 3. The presiding judge alone shall decide upon questions of law or whether a matter constitutes a question of law or fact. 4. In a criminal trial the judge shall give reasons for his decision on questions of law or whether any matter constitutes a question of law or question of fact He shall also give reasons for a finding upon a question of fact or the question in para 2 whether he sits with or without assessors but if there is a difference of 3 opinion on such questions if he sits with assessors he shall give reasons for the minority decision 3. Discuss the requirements of the test for judicial bias, and whether, in you view mere interjection during presentation qualifies as a valid ground. The requirements of the test for the presence of judicial bias are: 1 There must be a suspicion that the judicial officer might be, not would be, and biased. 2 The suspicion must be that of a reasonable person in the position of the accused. 3 The suspicion must be based on reasonable grounds. 4 The suspicion is one which the reasonable person, referred to above, would and not might, have held. As a general rule, any magistrate or judge who is aware that he has any feeling of partiality, enmity or any motive which might influence him or be commonly supposed to influence him in deciding a matter, should of his own motion recuse himself and cause a substitute to try the matter. An application for recusal should, if possible, be made at the commencement of the trial in order to remove unnecessary complications, such as a discontinuation of a partly heard trial and the necessity of starting it de novo. If unavoidable, such an application may be made in the course of the trial (Silber). Such application must, however, be made in respectful and courteous terms and must not be willfully insulting, as the application in the case of Silber was held to be.