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

Targeted Youth Adviser

Essex County Council
£29512.00 - £34720.00 per annum
Targeted Youth AdviserPermanent, Full Time£29,512 to £34,720 Per AnnumLocation
Recuriter: Essex County Council

Administration Assistant

Durham County Council
Grade 4 £25,583 - £26,824
A vacancy has arisen within Business Services for a full-time Administration Assistant. This is an exciting opportunity to join the team who support o Peterlee
Recuriter: Durham County Council

Roofer

Durham County Council
£36,040 p.a. (Made up of £24,027 salary plus £12,013 p.a Interim Operational Allowance)
Salary
Recuriter: Durham County Council

Classroom Teacher (static)

Durham County Council
£32,916 - £51,048
Required from 1 September 2026. Permanent, full time. This post is based at Croft Community School which is a generic special school for pupils who h Stanley
Recuriter: Durham County Council

Workshop Fitter

Durham County Council
£32,597 £36,363
You will be based at Chilton Depot     Fleet Services in Environment are looking for a Workshop Fitter to join their Team.   WHAT IS INVOLVED? To und Durham
Recuriter: Durham County Council
Linkedin Banner