Judicial Review of Decisions in the Crown Court

The High Court has the power to judicially review decisions in the Crown Court, except in "matters relating to trial on indictment" (s 29(3) Supreme Court Act 1981). The rationale for the exclusion is that judicial review should not be used as a means of delaying trials and clogging up the criminal justice process.

However, the problem has been in locating the boundary of the exclusion, which has given rise to lengthy, time-wasting and expensive litigation.

On 30 October 2007 we published a consultation paper on which we invite comments. The closing date for responses is 22 February 2008. A press release is also available.

Background

This project aims to resolve the difficulties that have been experienced in applying the exclusionary words. We are considering how this review of jurisdiction could be best transferred to the Court of Appeal (Criminal Division) to streamline procedures in criminal cases through a single line of criminal courts.

In addition, we are considering similar issues in relation to appeals from the Crown Court to the High Court by way of case stated (s 28(2)). And also we consider the implications of our proposals for magistrates' courts and the Court Martial.

In July 2005 we published a discussion paper, setting out the preliminary issues.

For more information, contact the criminal law team or go to the team page.

NOTE - We are happy to provide information about our projects. However, we cannot give legal advice or deal with individual cases. Nor do we help with student assignments.