Judge Malcolm Simmons

Judge Malcolm Simmons explained that the duty of a judge to give reasons for his/her decisions is a function of due process and therefore justice. Its rationale has two principle aspects.

The first is that fairness surely requires that the parties should be left in no doubt of the bases for the judges’ findings. Judge Malcolm Simmons explained that this is especially so because without a reasoned decision the losing party will not know whether the court has misdirected itself and thus whether he may have an available appeal on the substance of the case. In the absence of reasons it will be impossible to determine whether the judge has made a mistake on the facts or law thus depriving a party of an appeal unless the appeal was itself based on the lack of reasons itself.

The second is that the requirement to give reasons concentrates the mind and the resulting decision is much more likely to be soundly based on the evidence.

Judge Malcolm Simmons explained that, occasionally, it might be possible for the judge to give oral reasons alone. However, in most cases a reasoned, written decision or ruling should be given. Transparency is the watchword.

Judge Malcolm Simmons’ training Experience:

Judge Malcolm Simmons has over 18 years experience training judges and prosecutors and lectures worldwide on judicial skills.

Future Lectures:

Judge Malcolm Simmons will be giving a series of lectures on judicial skills in India and Pakistan in October 2019.