Skip to main content

Judicial Review and the Crime and Courts Bill

Questions have been raised as to the modifications In Division 130 as to the basis upon which a decision by a public authority can be quashed by judicial review.

The change introduced by the Crime and Court Bill means that apart from a few exceptions if the court is asked to quash a decision because of procedural flaws it is not to do so if the decision if when remade is highly likely to result in a not substantially different outcome.    The few exceptions relate to the "exceptional public interest".

The difficulty is that for decisions that are subject to judicial review (which does not apply to primary legislation of course) the simple fact that judicial review has been applied for can introduce a long period of delay.  That delay in itself can harm the public interest.  Hence to apply a filter at the permission stage which means that applications for judicial review that are unlikely to result in a final change to the decision are rejected at that stage then stops the delay from happening.

The government's final compromise was to allow the judges if they believes that something is in the exceptional public interest to continue to review (and thereby delay the implementation of) a decision even if it appears to be merely on a technicality.


Comments

Popular posts from this blog

Millionaires and politics

The Labour Party spent most of the last election criticising me for being a successful businessman (aka millionaire). That is business in the private sector employing over 250 people. It is worth looking at the situation for the Labour Candidate now:

For the year 2016-7 Annual Income from Parliament74,962Specifically for her book51,250Other media income etc5,322.82Total declared income131,534.82

Traditionally anyone with an annual income of over £100,000 has been considered to be a millionaire. I did not use my position in parliament to increase my income.


I have been asked for sources for this. This BBC piece looks at how one should define rich. It was written in 2011 so the figures will be slightly out of date. There are perhaps 2 relevant pieces:
"In 1880 a rich person would have had £100,000 in assets or an income of £10,000 a year, he says. About a hundred people a year died leaving £100,000 and by 1910 this was 250 - "a microscopic fraction of the number of death…

Homelessness vs Selling Books

Candidates in elections tend to find themselves very busy with lots of things to do.  It is, therefore, necessary to prioritise things to ensure that the important things are dealt with.

To me the issue of homelessness and rough sleeping is an important issue.  Therefore, when Birmingham's Faith Leaders group contacted me to ask me what I would propose and whether I would work with them to make things better I was pleased to respond with my views and indicate that I would work with them after the election.

The Faith Leaders Group (Bishops and other religious leaders in Birmingham) have now sent out their report.

Sadly, according to their report,  I was the only candidate for Yardley to respond.  The group in their report said:

"Particularly disappointing was the lack of response from some of those candidates seeking re-election as MP for their respective constituencies."
It is worth looking at the priorities of my opponent.
Interestingly today she has decided to be at th…

Gender Issues comparison of candidates

John Hemming believes that an MP should represent everyone in their constituency.  This should be regardless of their race, religion, gender, abledness, sexual orientation or anything else.  It should be everyone.

When he was an MP he worked on issues relating to men, those relating to women and those relating to non-binary people. Everyone.

For example here is John Hemming on a demonstration outside the courts with the campaign group Women Against Rape (it related to the case of a mother who had her child removed from her because the mother was raped).




Jess Phillips, who campaigns on women's issues, notwithstanding the questions asked about her appointments in her parliamentary office, had the following response when asked for a debate on issues specifically relating to men: