CODE OF CONDUCT

5.0

EQUALITY

Principle

Ensuring equality of treatment to all before the courts is essential to the due performance of the judicial office.

Application

5.1 A judicial officer should be aware of, and understand, diversity in society and differences arising from various sources, including but not limited to race, colour, sex, religion, culture and traditions, caste, disability, age, marital status, sexual orientation, social and economic status and other like causes (“irrelevant grounds”).

5.2 A judicial officer should not, in the performance of judicial duties, by words or conduct, manifest bias or prejudice towards any person or group on irrelevant grounds.

5.3 A judicial officer should carry out judicial duties with appropriate consideration for all persons, such as the parties, witnesses, lawyers, court staff and judicial colleagues, without differentiation on any irrelevant ground.

5.4 A judicial officer should not permit court staff or others subject to the judicial officer’s influence, direction or control to differentiate between persons concerned in a matter before the judicial officer, on any irrelevant ground.

5.5 A judicial officer should require lawyers and/or parties in proceedings before the court to refrain from manifesting, by words or conduct, bias or prejudice based on irrelevant grounds (except such as are relevant to an issue in the proceedings and may be the subject of legitimate advocacy).

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