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CHAPTER 2 (B): RULES OF NATURAL JUSTICE - Coggle Diagram
CHAPTER 2 (B):
RULES OF NATURAL JUSTICE
AUDI ALTERAM PARTEM
(Latin - hear the other side too)
Rules against bias
(If the accused follows the rules, and there is bias, then the validity of the hearing can be challenged)
HEARING
An opportunity to the accused to defend himself before the adjudicatory body make a decision.
ORALLY OR IN WRITING
NEMO JUDEX INCAUSA SUA
(No one should be a judge in his own cause)
Right to be heard
(The accused must given chance to be heard)
NOTICE
Inform him that there will be a hearing for him, so he can defend himself adequately.
CHARGE
(Mention the charge in the notice)
COMPLETE AND ADEQUATE
The charge given must be complete and adequate. Tell all the charges. If there are two charges, mention 2 charges in the notice. If not, the accused cannot prepare well to defend himself and decision made will be invalid. For example, in the case of
Maradana Mosque Trustee v Mahmud [1967] 1 AC 13
CLEAR AND SPECIFIC
The charge must state the grounds and details on which action is proposed to be taken such as time, date, where and so on. The proceeding would be ineffective if the notice is not complete. For example,
State of Uttar Pradesh v Salig Ram Sharma A.I.R 1960
MAY INCLUDE TYPE OF PUNISHMENT
The charge sheet served to the accused may or may not include the punishment of penalty if the accused is found to be guilty. Meaning to say, the punishment is not necessary to put in the notice. It can be not appear in the notice and depends on the case. For example in the case of
Nordin Haji Zakaria & Anor v Mohd Noor Abdullaj [2004] 2 CLJ 777
NOT NECESSARILY IN WRITING
No need to be in writing. For example in the case of
Sloan v General Medical Council [1920] 2 All ER
TIME
(Give him time to consider the charges against him)
For example,
Phang Moh Sin v Commissioner of Police [1967] 2 MLJ 186