Judicial review in criminal proceedings

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Practice notes
Breach of a community orderThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Handling stolen goodsThe ‘handling’ offenceHandling stolen goods is an offence that is triable either way.The elements of the offence are:•dishonestly...
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19th May
Practice notes
Single justice procedureThe introduction of trial by a single justice was a response to a belief, on the part of the government, that the use of two...
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Produced in partnership with Quinton Newcomb of Fulcrum Chambers 19th May
Practice notes
Disclosure in the magistrates’ courtInitial details of the prosecution case (IDPC)The requirements for service and contents of the initial details of...
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Produced in partnership with David McNeill of 5 St Andrew's Hill and Hannah Thomas of 2 Hare Court 19th May
Practice notes
Cash seizure and detentionChanges under CFA 2017The Criminal Finances Act 2017 (CFA 2017) received Royal Assent on 27 April 2017 and made various...
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19th May
Practice notes
Sentencing organisations for health and safety offencesThe Health and Safety at Work etc Act 1974 (HSWA 1974) applies to employers and self employed...
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Produced in partnership with David Travers QC and Nicholas Ostrowski, Barrister of 6 Pump Court Chambers 19th May
Practice notes
Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE...
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19th May
Practice notes
Applying for the return of seized cashApplication by the person from whom the cash was seizedWhen cash has been seized, an application can be made by...
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19th May
Practice notes
Corporate manslaughter—prosecutions trackerThis Practice Note provides a summary of key corporate manslaughter prosecutions and convictions under...
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19th May
Practice notes
Breach of a suspended sentenceThis Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that...
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19th May
Practice notes
Football banning ordersSTOP PRESS: All offenders convicted on or after 1 December 2020 must be sentenced under the provisions of the Sentencing Code,...
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19th May
Practice notes
TheftThe offence of theft and mode of trialTheft is an either way offence; it can be tried in the magistrates' court or the Crown Court. Note,...
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19th May
Practice notes
Indications on sentenceJudicial independence is fundamental to the rule of law. The integrity of the criminal justice system depends on a fair and...
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19th May
Practice notes
Abuse of process in criminal proceedingsThe procedure for making an application to stay proceedings due to abuse of process is governed by rule 3.28...
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19th May
Practice notes
Criminal Practice DirectionsThe Lord Chief Justice has power, including power under the Courts Act 2003 and the Constitutional Reform Act 2005, to...
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19th May
Practice notes
Disclosure orders under the Proceeds of Crime Act 2002What is a disclosure order?A disclosure order is, in general terms, an order authorising a...
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19th May

Most recent Judicial review in criminal proceedings content

Q&As
What are considered the leading cases on 'adequate alternative remedy' in judicial review proceedings?Judicial review is considered to be a remedy of...
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Produced in partnership with Jamas Hodivala of Matrix Chambers 1st Aug
Precedents
Judicial review—letter before claim[Insert the name and address of the proposed defendant]Dear [insert organisation name]Letter before claim in...
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1st Aug
Q&As
How can a defendant challenge the magistrates’ court decision to issue a summons which had been applied for by a private prosecutor?When faced with a...
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1st Aug
Practice notes
Judicial review—time limits and the pre-action protocolWhen considering whether and how to bring a claim for judicial review, the first step is to...
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Produced in partnership with Matthew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 1st Aug
Practice notes
The impact of EU law in judicial review [Archived]ARCHIVED: This Practice Note has been archived is not maintained. What is the status of EU law in...
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Produced in partnership with Andrew Eaton of Hogan Lovells and Telha Arshad of Hogan Lovells 31st Jul
Q&As
How can you appeal a decision of the High Court on a case stated appeal to the UKSC and what is the test for permission to appeal?A decision of the...
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31st Jul
Practice notes
Judicial review time limits—extensions and urgent casesIP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 31st Jul
Practice notes
Judicial review—how to start proceedingsThis Practice Note summarises the procedural stages in a judicial review application and then describes in...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 31st Jul
Practice notes
Judicial review—what it is and when it can be usedWhat is judicial review?Judicial review is a process by which the courts exercise a supervisory...
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Produced in partnership with Mathew Purchase of Matrix Chambers and Dr Mirza Ahmad of St Philips Chambers 31st Jul
Practice notes
Costs for judicial review—general principlesGeneral rule on costs in judicial reviewThe general rule in relation to costs in judicial review, as in...
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Produced in partnership with Morayo Fagborun Bennett of Hardwicke Chambers 31st Jul
Practice notes
The pre-action protocols and when they applyThis Practice Note provides guidance on the interpretation and application of the relevant provisions of...
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30th Jul
Practice notes
Non-compliance with pre-action provisionsThis Practice Note considers when non-compliance with a pre-action protocol or the Practice Direction...
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30th Jul
Practice notes
Appeal by way of case statedA challenge to a decision of the lower courts can be brought in various ways, including by way of appeal, judicial review...
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30th Jul
Practice notes
Judicial review of magistrates' court and Crown Court decisionsAdministrative court review of criminal proceedingsJudicial review is a process by...
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30th Jul
Practice notes
Judicial review of prosecution decisionsJudicial review is the process by which the lawfulness of the decisions, acts or omissions of public bodies...
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30th Jul

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