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

Senior/Principal Regeneration Officer

Fareham Borough Council
£45,465 - £55,379
Our town centre regeneration is moving from planning to delivery, and we're looking for someone who wants to help make regeneration happen. Fareham, Hampshire
Recuriter: Fareham Borough Council

Head of Service – Social Care

St Helena
£60k pa plus International Supplement
Enjoying unique lifestyle opportunities, St Helena Island is a self-governing overseas territory of the United Kingdom. Saint Helena, Ascension and Tristan da Cunha (SH)
Recuriter: St Helena

Health and Social Care Trainer - North Essex

Essex County Council
£29468.0000 - £34668.0000 per annum
Health and Social Care Trainer - North EssexPermanent, Part Time£29,468 to £34,668 per annum (full time equivalent) Location
Recuriter: Essex County Council

Recruitment Training and Support Officer (Fostering)

Essex County Council
£26284.0000 - £33256.0000 per annum
Recruitment Training and Support Officer (Fostering)Permanent, Full Time£26,284 to £33,256 per annumLocation
Recuriter: Essex County Council

Vocational Trainer - English

Essex County Council
Up to £34668.0000 per annum
Vocational Trainer - EnglishPermanent, Part Time£34,668 per annum (full time equivalent)Location
Recuriter: Essex County Council
Linkedin Banner