“Apparent bias test: would fair-minded observer conclude real possibility of bias?”
Gough was convicted by a jury where a juror was discovered to be the neighbour of one of the victims of the burglary. The potential bias was not discovered until after conviction. Gough appealed arguing the jury was biased.
What is the appropriate test for apparent bias in judicial proceedings, and should it focus on actual bias or the appearance of bias?
The House of Lords dismissed the appeal but established that the test for apparent bias is whether a fair-minded and informed observer would conclude there was a real possibility of bias.
This case established the leading test for apparent bias in English law, widely applied in administrative and judicial contexts. It balances the need to ensure fair proceedings with practical considerations about when bias invalidates decisions.
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OSCOLA Citation
R v Gough [1993] AC 646 (HL)
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