Transcript

The third important aspect of adjudication is giving reasons.

The first stage, fact-finding is travelling from evidence to facts. The second stage is travelling from facts to a conclusion. But if all you’re presented with is the conclusion, you have no idea how the judge got there. They could have got there by a lawful route or an unlawful route. Whereas if they give reasons you can tell if the route which they travelled was lawful or unlawful. And if it was unlawful, then you can appeal.

First instance courts responsible for both fact-finding and decision-making will generally explain both, but appeal courts will generally only give reasons for decision-making, as that is their primary focus.

Reasons are also important firstly because they’re a way by which the common law develops, step by step. And secondly they’re a fundamental part of the common law and human right to a fair trial