A judge who makes private factual inquiries outside the hearing room about matters relevant to the exercise of the bail discretion, particularly where such inquiries are not disclosed to the parties, gives rise to a reasonable apprehension of bias. Section 22 of the Bail Act 1982 (WA), which permits a judge to receive 'such information as he thinks fit', excludes the rules of evidence but does not authorise private inquiries in the absence of the parties. The Court of Appeal has implied power to request a report from a primary judge in bail appeals under the Bail Act, even though s 40(1)(h) of the Criminal Appeals Act 2004 (WA) does not apply to such appeals.
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