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Instances of bias are “incredibly rare” in Australia’s judicial system. However, given Australians’ right to independent and impartial hearings, it is imperative for lawyers to understand and appreciate how best to serve their clients if and when actual or apprehended bias manifests.
On this episode of The Lawyers Weekly Show, host Jerome Doraisamy is joined by Armstrong Legal national practice director of criminal law Angela Cooney and J Sutton Associates director Andrew Tiedt to discuss the different forms of bias in court proceedings, how frequently bias occurs in hearings, and high-profile instances of bias arising in Australian courts and what was learnt from those cases.
Ms Cooney and Mr Tiedt also respond to questions about what can be construed as actual or apprehended bias, what criminal lawyers need to know about managing prospective or perceived bias, whether the advent of virtual hearings helps or hinders lawyers in identifying instances of bias, and how bias can manifest in jury trials.
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