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Robertson (Stewart) v HM Advocate
May 8, 2009 | No CommentsThe High Court observed that while a judge ought not to deal with a contempt committed in the face of the court and directed at him or her personally, as even if they were able to maintain a judicial calm the appearance of the matter to an impartial and informed observer might suggest otherwise, when the conduct was directed at the administration of justice it was positively the duty of the presiding judge to decide whether it was contemptuous.
The court considered that this did not make the judge a judge in their own cause as since the contempt was not directed at them there was no reason why an impartial and informed observer, knowing of the judicial oath, should see any appearance of bias if the presiding judge dealt with the matter themselves.
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Art. 06 Right to a Fair Trial
