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We have been asked to clarify what the process of judicial review is and what the consequences are.
First - there is a basic distinction between civil and criminal law. A ‘trial’ usually means a criminal case. If it’s civil we say ‘hearing’.
First - there is a basic distinction between civil and criminal law. A ‘trial’ usually means a criminal case. If it’s civil we say ‘hearing’.
Criminal cases are almost always bought by the State against an individual. Private prosecutions are very, very rare. The standard of proof is very high as conviction can lead to loss of liberty.
Judicial review is a civil remedy.
Judicial review is a civil remedy.
It’s a mechanism to get the courts to decide if a ‘public body’ has acted lawfully. It doesn’t look at the merits of the decision or failure to act but it questions the decision making process. Was it rational? Was it reasonable?
It’s a remedy of ‘last resort’ so you have to have tried everything you can to sort it out before going to court.
Either party has a right to appeal if they don’t like the decision of the High Court - just as in #FairCopJR there is now an appeal against the High Court’s refusal to rule that the Hate Crimes Operational Guidance was unlawful as it is irrational.
No one is going to prison in Judicial Review and while it is possible to claim damages, the whole point of the exercise is to provide a vital check on the over reach of public bodies - to bring them to account.
The current state of madness which seems to extend globally - where people may not question the medicalisation of children without being called bigots - has lead to a rush of legal action in England and Wales (Scotland is a separate legal jurisdiction).
There are JR proceedings on the way with regard to unlawful guidance offered to schools by the CPS and general poor guidance by the @EHRC - see @SafeSchools_UK and @AnnMSinnott. And don’t forget our appeal!
You can see how vital and necessary judicial review is, because the Government doesn’t like it much. https://www.theguardian.com/law/2020/feb/11/what-is-judicial-review-and-why-doesnt-the-government-like-it
It’s incredibly expensive to get to court and the usual rule of civil proceedings is that if you lose you have to pay the other side’s costs. So don’t forget or overlook the sheer bravery of those individuals taking on the State.
They should not have to do this. Our public bodies should never act irrationally, should never be captured by a toxic ideology that seeks to terrify people into silence.
But they do and they have. So we act.
#IStandWithKeiraBell
But they do and they have. So we act.
#IStandWithKeiraBell
If you want more detailed information, this is a good place to go. https://publiclawproject.org.uk/
And see our recent blog about why JR is so important. https://www.faircop.org.uk/what-have-judicial-reviews-ever-done-for-us/
