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Criminal Judicial Review

A Practitioner's Guide to Judicial Review in the Criminal Justice System and Related Areas

Editor(s): Piers von Berg
Media of Criminal Judicial Review
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Published: 25-09-2014
Format: Hardback
Edition: 1st
Extent: 756
ISBN: 9781849465373
Imprint: Hart Publishing
RRP: £85.00
Online price : £76.50
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Loren Epson

About Criminal Judicial Review

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.”

Table Of Contents

1. Introduction and key principles - Richard Wilson QC

2. The Police - Piers von Berg and Rachel Taylor
3. The Crown Prosecution Service - Piers von Berg and Sian Cutter
4. Magistrates' Courts - Piers von Berg, Sarah Parkes and Pranjal Shrotri
5. The Crown Court - James McLernon and Liam Loughlin
6. Prisons, Parole Boards and Probation Trusts - Florence Iveson
7. Coroners - Geoffrey Sullivan
8. Other State bodies (CCRC, CICB, IPCC and LAA) - David Ball

9. Mental health - Justin Leslie
10. Children and Juveniles - Piers von Berg

11. Extradition - Saoirse Townshend
12. European Union law - Kathryn Howarth

13. Procedure - Grainne Mellon
14. Remedies - David Ball and Piers von Berg
15. Legal aid - David Ball
16. Costs - James Packer


“[Criminal Judicial Review] has a clear and simple style, is easy to use and will meet the needs of the practitioner. In my view it will become the “go-to” book for judicial review.” –  Greg Foxsmith, London Advocate, issue 86

“...the reader is treated to both a scholarly and practical analysis of the underlying principles, a combination that few authors manage to achieve. This book is an essential addition to any criminal law library.” –  Crimeline

“...this book truly is a comprehensive guide to challenging decisions of criminal courts and public bodies in the criminal justice system using judicial review. Written in a clear style, it has the qualities of scholarship and useful practicality which criminal law practitioners, both solicitors and barristers, will embrace and keep for their reference libraries.” –  Sally Ramage, The Criminal Lawyer, August 2015

“This book brings together and restates the law that has been set out elsewhere in various cases, textbooks, guidelines and practice directions, in an intelligent, comprehensive and user friendly style. It will be of practical and academic assistance to those who work in this field and in particular to those who need hand-holding through the process.” –  Catharine Donnelly, Counsel Magazine

Criminal Judicial Review represents an excellent tool for practitioners in the criminal justice system.” –  James Robottom, Judicial Review

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