This is a comprehensive guide to challenging decisions of criminal
courts and public bodies in the criminal justice system using
judicial review. Written by a team of criminal and public law
practitioners, it considers claims for judicial review arising in
the criminal justice system, which now represent a distinct area of
public law. These claims are set apart by special considerations
and rules; for example, on the limits of the High Court's
jurisdiction or the availability of relief during ongoing
proceedings. Criminal practitioners may lack the background to spot
public law points. Equally, public law specialists may be
unfamiliar with criminal law and types of issues that arise.
Criminal Judicial Review is intended as a resource for both. The
book deals with the principles, case law, remedies and, the
practice and procedure for obtaining legal aid and costs. It will
be of assistance to any practitioner preparing or responding to
judicial review claims involving the following: - The Police and
the Crown Prosecution Service. - Magistrates' courts, the Crown
Court and Coroners. - Prisons and the Parole Board. - Statutory
bodies such as the Independent Police Complaints Commission and the
Legal Aid Agency. - Claimants who are children, young persons or
have mental disorders. - The international dimension including
extradition proceedings and European Union law. - Practical
considerations such as CPR Part 54, remedies, legal aid and costs.
From the Foreword by The Rt Hon Lord Judge "The book is offered in
clear and simple style, focussing less on esoteric theoretical
considerations and more on the practical needs of the practitioner.
It brings together materials relating to public law with which a
criminal specialist may be less well informed, and material
relevant to the criminal justice processes which may not be
immediately apparent to the public law specialist. It will assist
with the preparation of arguments, and also enable submissions
which are unarguable to be discarded. It will therefore provide
valuable guidance in this broad and developing area of practice."
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