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

Careers and Skills Facilitator Part Time

London Borough of Richmond upon Thames and London Borough of Wandsworth
£40,260 - £48,789 (pro-rata)
Careers and Skills Facilitator... Richmond, Greater London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Community Support Worker

Essex County Council
£26284.0000 - £33256.0000 per annum
Community Support WorkerPermanent, Full Time£26,284 to £33,256 per annumLocation
Recuriter: Essex County Council

Residential Assistant

Essex County Council
£25959.0000 - £26284.0000 per annum
Residential AssistantPermanent, Part Time£25,959 to £26,285 per annum (full time equivalent) Location
Recuriter: Essex County Council

Senior Social Worker

Cheshire East Council
£43,149 - £49,658 per annum
At Cheshire East Council, we're looking for a passionate and skilled Senior Social Worker to join our children's services team. Macclesfield/ Crewe
Recuriter: Cheshire East Council

Educational Teaching Assistants - Southgate School

Kirklees Metropolitan Council
£22,272 - £23,389
This is more than just a job. It is an opportunity to make a real difference in the lives of young people Huddersfield, West Yorkshire
Recuriter: Kirklees Metropolitan Council
Linkedin Banner