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Judicial Review Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

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A more recent version of these Judicial Review notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

JUDICIAL REVIEW Judicial Review of Magistrates Court/Crown Court by High Court QBD


Judicial Review - method by which the High Court controls the activities of the Magistrates Court and Crown Court in matters not relating to trial on indictment (High Court jurisdiction to supervise inferior tribunals)
* Includes Judicial Review of Magistrates Court judgment and of Crown Court decision on appeal from Magistrates Court


Existence of right to appeal to Crown Court from Magistrates Court does not preclude an application for Judicial Review where the complaint is of:
* procedural impropriety,
* error of law (though usually use "case stated" route to High Court in error of law cases)
* excess of jurisdiction,
* breach of rules of natural justice (bias, requirement that both sides must be heard)

Procedure Application can be brought by Prosecution or Defendant Claim form including:


statement of grounds, plus any written evidence in support of claim,


filed promptly and, in any event, not later than 3 months after decision;

Acknowledgement of service from R; Permission required from Divisional Court:


Permission to proceed usually considered without a hearing;


If permission granted, R has to serve detailed grounds for contesting claim.

Test: Where the applicant has an apparently plausible complaint - immaterial and minor deviations will not have this effect Proceedings in Magistrates Court should be complete before Judicial Review application is made Bail Magistrates have no power to grant bail for a Judicial Review application.


Application for bail must be made to a High Court Judge in chambers

If the application is from Crown Court, on a matter not relating to trial on indictment, Crown Court may grant bail. The Hearing Divisional Court - Usually at least 2 High Court Judges Legal Argument based on the written evidence.

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