Criminal barristers can help decide whether to apply for Judicial Review

Criminal barristers can help you to determine whether it might be appropriate to apply for a Judicial Review, if you feel that a public body has not followed the correct procedures in making a decision or taking action that affects you.

Such decisions may include action that affects a prisoner’s rights, decisions relating to immigration, and rulings pertaining to special education for children who are thought to need it.

By applying for a Judicial Review, you can formally object to the decision-making process used; however, the review will not directly address the conclusion that was drawn by the public body.

This means that, even if your Judicial Review is successful, the same public body may be free to reach the same conclusion, as long as they do so in a more appropriate way.

Justice secretary Chris Grayling recently announced plans to prevent “meritless applications” from even being considered, by banning individuals whose applications are thought to be without merit from seeking an in-person hearing.

The fee for making an application for Judicial Review is also due to rise from £60 to £235, preventing the process from being used as “a cheap delaying tactic”.

In 2011, 11,359 applications for Judicial Review were made; a sixth progressed beyond the first stage, and 144 were successful.

While this is a success rate of just 1.3%, the verdict is likely to have been a significant one for those 144 people, and if you are considering an application at present, our criminal barristers can help you to determine the likelihood of success, and whether to proceed with your application.