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

Project Controller

London Borough of Richmond upon Thames and London Borough of Wandsworth
£44,773 - £62,451 per annum
Job Title
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Temporary Accommodation Visiting Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
£37,602 - £45,564 per annum
Temporary Accommodation Visiting Officer Fixed term – expiring 10th August 2027 Salary - £37,602 - £44,235 per annum Full time 36Hours Location – 2nd Floor Bridas House, 90 Putney Bridge Road, London, SW18 1HR (secondary location Twickenham Civ Wandsworth, London
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Pension Officer

Essex County Council
£25081.00 - £28507.00 per annum
Pension OfficerPermanent, Full Time£25,081 - £28,507 per annumLocation
Recuriter: Essex County Council

Customer Services Assistant

Essex County Council
Up to £25081.00 per annum
Customer Services AssistantPermanent, Part Time£25,081 per annumLocation
Recuriter: Essex County Council

Business Support Apprentice

Essex County Council
Up to £14567.00 per annum
Business Support ApprenticeFixed Term, Full Time£14,567 Per AnnumLocation
Recuriter: Essex County Council
Linkedin Banner