7. The right to a fair hearing

Old roots

Bentley's case: In R v Chancellor of the University of Cambridge (Dr Bentley's Case) the university took away Dr Bentley's degrees without hearing him. The court restored them. Even God, it was said, heard Adam before he was punished.

The modern revival

Ridge v Baldwin: A chief constable was dismissed by the watch committee without being told the charges or given a chance to answer. The House of Lords held the dismissal void. Lord Reid rejected the idea that the duty to be fair applied only to bodies acting judicially. The duty arises from the nature of the power and its effect on the individual.

What fairness requires

Knowing the case: In Kanda v Government of Malaya a police inspector was dismissed after a board of inquiry whose report, which he never saw, had been given to the adjudicating officer. The Privy Council held the dismissal void. A person must know the evidence against him and have a chance to correct or contradict it.

Flexible content: Fairness is not a fixed code. In R v Home Secretary, ex parte Doody Lord Mustill said what fairness demands depends on the context, and a person should usually be told the gist of the case so that he can make representations.

Oral hearings, lawyers and reasons: An oral hearing, legal representation or reasons may be required in some settings but not others. The more serious the effect on the person, the more fairness demands.

In Sierra Leone

Section 23: The 1991 Constitution guarantees a fair hearing within a reasonable time by an independent and impartial court or other authority established by law. This applies to bodies that decide civil rights and obligations, as well as to courts.