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

Procurement Manager

West Northamptonshire Council
£49587 - £52860
At West Northamptonshire Council, we’re looking for an experienced Procurement Manager to play a pivotal role in the delivery of high quality, value for money services. This is an exciting opportunity to join our forward-thinking central procurement an Northampton
Recuriter: West Northamptonshire Council

Revenues Manager

West Northamptonshire Council
£65098 - £71353
We’re looking for a Revenues Manager to lead our Council Tax and Business Rates service, ensuring high-quality delivery, compliance with legislation, and a strong focus on customer experience. In this role, you’ll lead the strategic direction of Coun Northampton
Recuriter: West Northamptonshire Council

Licensing Manager

Fenland District Council
Hay 1 £55,642 - £59,256
We are seeking a highly skilled and influential Strategic Lead for Licensing Services Cambridgeshire
Recuriter: Fenland District Council

Street Cleansing Team Leader

Royal Borough of Greenwich
£40,547 - £41,870 (includes additional allowances)
Street Services - improving residents’ lives Greenwich, London (Greater)
Recuriter: Royal Borough of Greenwich

Practice Development Lead

Royal Borough of Greenwich
PO5 - £52,194 to £55,323
Are you ready to shape the future of Adult Social Care in Royal Greenwich? Greenwich, London (Greater)
Recuriter: Royal Borough of Greenwich
Linkedin Banner