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

Assistant Finance and Business Development Manager

London Borough of Richmond upon Thames and London Borough of Wandsworth
£38,976 - £49,365 per annum
Job Title
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Senior Occupational Health Advisor

Durham County Council
£44,075 to £48,226 p.a. (Grade 12) pay award pending
Due to increased service demand we have an exciting opportunity for an additional Senior Occupational Health Nurse to join our well-established in-hou Durham
Recuriter: Durham County Council

Social Worker

Durham County Council
£35,412 - £39,152 / £40,777- £45,091 pro rata i.e. grade 9 pre progression/grade 11 post progression
We seek a full-time, permanent Social Worker who is calm under pressure and passionate about improving the lives of service users. WHAT IS INVOLVED? Durham
Recuriter: Durham County Council

Young Person's Advisor

Durham County Council
Grade 8 - £32,597 - £36,363
X1 Young Person’s Advisor – Full-Time (Temporary for 12 months) An exciting opportunity has become available within the Unaccompanied Asylum-Seeking Spennymoor
Recuriter: Durham County Council

Sufficiency Support Officer

Durham County Council
£28,142 - £31,022
Do you want your work to make a real difference to the lives of children and young people in our care?   This is a brilliant opportunity to join a new Spennymoor
Recuriter: Durham County Council
Linkedin Banner