B v Director of Public Prosecutions

The applicant, referred to as B, sought judicial review of a decision by the District Court, which had dismissed an appeal against a conviction under the *Public Health Act 1991*. The Court of Appeal was required to determine whether the District Court's decision involved a jurisdictional error.

The central legal issues before the Court of Appeal concerned whether the District Court judge had demonstrated bias or apprehended bias during the appeal hearing. Specifically, the court considered whether a particular observation made by the judge was unsupported by evidence, constituted a personal opinion rather than a matter of common experience, and if these factors amounted to a denial of procedural fairness. The court also had to determine whether, if such an error was found, relief should be granted.

The Court of Appeal reasoned that the District Court judge's observation, which was not supported by evidence and appeared to be a matter of personal opinion, could reasonably give rise to an apprehension of bias. This failure to adhere to principles of procedural fairness constituted a jurisdictional error. Consequently, the Court of Appeal quashed the decision of the District Court and remitted the matter for redetermination. The court also made orders prohibiting the publication of identifying information concerning the applicant, his former wife, and the complainant.