The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:
Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. Proceedings normally take place in the Administrative Court, which is part of the Queen’s Bench Division (QBD) of the High Court. For more information, see: Judicial review in criminal proceedings—overview.
An application to judicially review a decision of the magistrate may be made to the Administrative Court in the QBD of the High Court.
An application for review can be made of a decision to prosecute or not to prosecute, among other decisions, see Practice Note: Judicial review of prosecution decisions.
The most common grounds for review are:
an error of law disclosed by the court records, for example where a decision making process has been made on the wrong legal basis
the court has acted in excess of jurisdiction
there has been a breach of natural justice, for example where there have been procedural irregularities or where there has been a suspicion of bias
the decision of the magistrates' court in Wednesbury is unreasonable
When procedural irregularity or unfairness is in issue, the key to any successful challenge will be that the complaint is one which does go to vitiate the proceedings in the court below. Immaterial and minor deviations
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