Judicial review in criminal proceedings

Judicial review from the magistrates' court

An application for judicial review of a decision of the magistrates’ court is made to the Administrative Court of the King’s Bench division of the High Court. An application is usually made at the conclusion of proceedings rather than as an interlocutory measure.

Where the judicial review is of an interim ruling, an adjournment will have to be sought in the trial to allow determination of the application.

The High Court has the discretionary power to make quashing orders, mandatory orders and prohibiting orders.

High Court may refuse to exercise its judicial review jurisdiction when adequate alternative remedies are available but have not been invoked.

See Practice Note: Judicial review of magistrates' court and Crown Court decisions.

Judicial review from the Crown Court

The High Court has the power to review decisions of the Crown Court under section 29(3) of the Senior Courts Act 1981 (SCA 1981). The High court has jurisdiction to make mandatory, prohibiting or quashing orders except in matters relating to trial on indictment. This is to avoid serious delay to the trial.

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