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.’

Skills Pipelines: What local government needs to know image

Skills Pipelines: What local government needs to know

Councils and mayors are to be handed a central role in developing skills pipelines for local industries, as the Government unveils what it calls a ‘fundamental change’ to the education system aimed at tackling youth unemployment. Here's what council leaders and officers need to know.
SIGN UP
For your free daily news bulletin
Highways jobs

Executive Director for Place

Wokingham Borough Council
£148,609 per annum, plus benefits
As our Executive Director for Place, you will lead an outward looking and forward-thinking place-shaping agenda. Wokingham, Berkshire
Recuriter: Wokingham Borough Council

Service Director

South Gloucestershire Council
£100,289 to £109,445 per annum
South Gloucestershire is changing things for good. Gloucestershire
Recuriter: South Gloucestershire Council

Assistant Director, Development Management and Environment

Newham London Borough Council
£90k
Newham is entering an ambitious new chapter Newham, London (Greater)
Recuriter: Newham London Borough Council

Executive Director of Resources

West Northamptonshire Council
£151,368 - £161,559
West Northamptonshire is one of the UK’s newest and most ambitious councils. Northamptonshire
Recuriter: West Northamptonshire Council

Assistant Director, Regeneration and Growth

Newham London Borough Council
£100k
Newham is entering an ambitious new chapter Newham, London (Greater)
Recuriter: Newham London Borough Council
Linkedin Banner