There is a well understood principle that magistrates and justices will be impartial in their dealings before the court and any perception of bias be removed.
With reference to some writings on this matter:
"A judge affected by actual bias would be unable to comply with the Judicial Oath, and would be disqualified from sitting. In such a case, the question for determination is whether there is bias in fact.
The test for determining whether a judge should disqualify himself or herself by reason of apprehended bias is â€œwhether a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial and unprejudiced mind to the resolution of the question the judge is required to decideâ€
This is for you or your legal team to determine, would you be satisfied of receiving a fair hearing before this magistrate for the matters under consideration. If not there are steps you can take with the first and most obvious that the magistrate themselves recognises the potential for a conflict and removes themselves from the case. Next, if that did not occur, would be for you or your solicitor to raise the matter with the magistrate before the hearing of any part of the case as an "informal" request for the magistrate to consider and, if that were not successful, then into formally making a application for the magistrate to recuse themselves or to have them removed.
This can be a dangerous and procedurally complex process and is one not lightly taken on by a lay person so you need to think carefully about your actions and have well established grounds supported by evidence to proceed.
citizen181 2012-11-02 15:03:14
[QUOTE=waz] what/where is the law that ,stops a magistrate in wa who hears a criminal trial from dealing with a vro matter after the trial,for the same parties[/QUOTE]
There is no legal issue on the limited facts we have. The standard of proof in a criminal case is higher than for a vro application. A magistrate is not biased simply because they hear a different matter as between the same parties. In any event, did you make an application to have the magistrate excuse herself on the grounds of bias before the case began? Were you represented?