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

Service launched to reduce the pain of calling a call centre.

Click here to try the beta test call entre phoning service"John Hemming, who has created an internet Startup called Cirrostratus since he ceased being an MP, is launching a free online service to make life easier for people phoning call centres.   The service is provided by Cirrostratus, but the SIP backbone is provided by the multi-award winning business VoIP solution, Soho66." John said, "Many people find phoning call centres a real pain.  Our service is aiming to make things a lot easier.   One click on alink or the bookmarks list and our server will phone up the call centre and get through all the menus.  This is a lot faster than when people have to phone up and is less irritating." "Additionally the system uses WebRtc and the internet to make the call. This means that people don't find their normal phone system being blocked whilst they hang on the line waiting to speak to a human being." Marketing Manager from Soho66, David McManus, said: &q…

A grassroots uprising against terrorism

Original Date 26th May 2017

One thing I used to do when I was the Member of Parliament for Yardley was to call together meetings of all of the religious organisations in Yardley as a Yardley multi-faith group.  In many ways it is the creation of informal links between people that makes communication easier even if there is no formal decision making power.

Obviously this is something I would intend to do again if the people of Yardley ask me to take on the responsibility of representing them in parliament.

It highlights the sort of thing that politicians can do which arises from a leadership role within communities rather than any constitutional position.

I have already written in an earlier blog post about the principles of resolving conflict.  It can be summarised as "murdering innocents is wrong".

A number of local mosques have issued statements following the atrocity in Manchester and I think it is worth quoting from parts of them.

One said that the mosque "Unequivoc…

Lib Dems would give the West Midlands police force an extra £16,220,000 a year

Liberal Democrats have announced they would boost investment in police forces by £300m a year. This is in stark contrast to the Conservatives who have overseen devastating cuts to community policing. Theresa May as Home Secretary and now Prime Minister has cut policing budgets by over £2bn, eroding the very fabric of community policing.

Under the Liberal Democrats the West Midlands would see a funding increase of £16,220,000 a year. This could be used to restore a visible policing presence in the community and ensure the police have the training and tools to deal with the changing nature of crime.

Liberal Democrat John Hemming commented:“This investment in our police is absolutely vital. Under Theresa May – first as Home Secretary and now as Prime Minister, our police have had to deal with severe cuts. These are now cutting into the bone.“Our police work tirelessly to keep us safe and this Government has completely betrayed them.“Only the Liberal Democrats have a credible pl…