A denial of procedural fairness on a discrete issue (such as bail revocation) does not, without more, found a reasonable apprehension of bias regarding the conduct of the trial as a whole. Trial judges refusing to certify interlocutory decisions under s 295(3) of the Criminal Procedure Act 2009 (Vic) must provide reasons that reveal their process of reasoning, even if those reasons need not be elaborate. The availability of alternative remedies is a relevant factor weighing against the grant of leave to appeal an interlocutory decision.
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