Austin Macauley 21 October 2014

Crime bill undermines ability to hold authorities to account, say lawyers

Peers are being urged to amend legislation that could open the door to ‘dodgy decision-making by public authorities’.

Elements of the Criminal Justice and Courts Bill – which is expected to reach the House of Lords report stage this week – are ‘an attack on judicial review’, according to The Bar Council, the Law Society and the Chartered Institute of Legal Executives (CILEX).

They argue part four of the Bill would limit judicial review to the wealthy and shield public bodies from proper scrutiny.

Nicholas Lavender QC, chair of the Bar Council, said: ‘If a government department or local authority did something you thought was unlawful, like stop your business from trading, close your mother’s care home or relocate your child’s school, what would you do?

‘Judicial review is an important tool to stop dodgy decision-making by public authorities. It is fundamental to our system of justice and the rule of law that members of the public, including the weakest and most vulnerable, have an effective means of scrutinising and checking executive power.’

CILEX president Frances Edwards said it would make judicial review ‘only be available to risk takers with deep pockets’. He added: ‘The Bill would also allow a Government minister to decide what matters are in the “public interest”, rather than independent judges. This would enable future governments to keep certain challengers at arm’s length. That is like letting the title holder choose their challenger.’

SIGN UP
For your free daily news bulletin
Highways jobs

Senior Lawyer (Adults) - 37 Hours

Torbay Council
£55,437 to £58,525 includes a market supplement of £8,256 per year
Torbay is breathtaking, captivating, and welcoming... Torbay, Devon
Recuriter: Torbay Council

Oral Health Programme Co-ordinator

London Borough of Richmond upon Thames and London Borough of Wandsworth
£30,225 - £31,574 Per Rota
Oral Health Programmes Co-ordinator (Ea... Wandsworth
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Social Worker (Safeguarding Hub)

The Royal Borough of Windsor & Maidenhead
£40,192 - £44,012
We have an exciting opportunity for two Safeguarding Social Workers to join us! Maidenhead, Berkshire
Recuriter: The Royal Borough of Windsor & Maidenhead

Highways Supervisor

Salford City Council
£47,181 – £50,269
This role is your chance to direct the on-the-ground delivery of highways works and projects at the heart of Salford’s regeneration. Salford, Greater Manchester
Recuriter: Salford City Council

Highways Operative

Salford City Council
£29,540-£31,537
Join us as a Highways Operative in Salford to do a daily job that comes with a true sense of pride. Salford, Greater Manchester
Recuriter: Salford City Council
Linkedin Banner