Judicial Review in Criminal Law (UK): Challenging Decisions by Public Authorities

What Is Judicial Review?

Judicial review is a public law procedure allowing the courts to review the actions or decisions of public authorities. It ensures that organisations exercising public power act lawfully, fairly, and within the limits set by law. 

The court does not usually replace the authority’s decision with its own. Instead, it considers whether the decision was legally flawed.

If the court finds that the decision was unlawful, it may: 

• Quash the decision 
• Require the authority to reconsider the matter 
• Declare the decision unlawful 

When Can Judicial Review Apply in Criminal Law?

Judicial review may arise where a public authority’s decision affects a criminal investigation, prosecution, or related process.

Challenging CPS Decisions

Judicial review may sometimes be used to challenge decisions made by the Crown Prosecution Service. 

Examples may include: 

• Decisions to prosecute or not prosecute 
• Discontinuing criminal proceedings 
• Alleged misuse of prosecutorial discretion 

However, the courts are cautious about interfering with prosecutorial decisions. The CPS has independent decision-making responsibilities, and the High Court will usually only intervene in rare cases where there is a clear public law error.

Decisions Made by Public Authorities

Judicial review may also be considered where another public authority has made a decision affecting a criminal matter.

• Police investigative decisions 
• Licensing authorities 
• Regulatory bodies 
• Government departments 

The key issue is whether the decision involved the exercise of a public function and whether there is a proper legal basis for challenge.

How the Judicial Review Process Works

Judicial review involves several procedural stages in the High Court. 

Pre-Action Protocol

Before issuing proceedings, parties are usually required to follow the pre-action protocol for judicial review. 

In urgent criminal justice cases, timing may be extremely tight. The pre-action stage must not cause delay where immediate court action is needed.

Permission Stage

Judicial review claims must first pass a permission stage. 

At this stage, the High Court decides whether the case is arguable and should proceed to a full hearing. 

If permission is refused, the claim does not proceed further. 

Full Hearing

If permission is granted, the case proceeds to a full judicial review hearing where the court considers the legal arguments in detail. 

The court may then grant a remedy, refuse the claim, or make another order depending on the circumstances.

• Quashing orders 
• Mandatory orders 
• Declarations 

Time Limits for Judicial Review

Judicial review time limits are strict.

In most cases, claims must be brought promptly and within three months of the decision being challenged. 

In criminal justice contexts, the courts may expect applications to be made even sooner due to the impact on ongoing proceedings. 

Failure to act promptly can result in the claim being refused regardless of its merits.

Risks and Limitations of Judicial Review

Judicial review is a powerful but limited legal remedy. 

Important limitations include: 

• Courts rarely interfere with prosecutorial discretion 
• The process can involve significant legal costs 
• Strict procedural rules apply 
• Not all decisions are suitable for judicial review 

Before starting a claim, a solicitor should assess whether judicial review is the correct route and whether there are realistic legal grounds.

How Criminal Defence Solicitors Can Assist

Judicial review proceedings are highly technical and require detailed legal analysis. 

Experienced criminal defence solicitors can assist by: 

• Assessing whether judicial review is appropriate 
• Identifying potential legal grounds for challenge 
• Preparing pre-action correspondence 
• Representing clients in High Court proceedings 

Early advice is important because time limits are short and delay can harm the claim.

Speak With Experienced Criminal Defence Solicitors

Judicial review may be relevant where a public authority has made a decision that affects a criminal investigation, prosecution, or related process.

If you believe a decision within the criminal justice system may be unlawful, obtaining advice from experienced criminal defence solicitors is essential. A specialist legal team can assess the circumstances and advise whether judicial review may be an appropriate course of action