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Administrative court review of criminal proceedings

Judicial review is a process by which the courts exercise a supervisory jurisdiction over the exercise of public functions by public bodies. Proceedings normally take place in the Administrative Court, which is part of the King’s Bench Division (KBD) of the High Court. For more information, see: judicial review in criminal proceedings—overview.

Judicial review of a decision of the magistrates' court

An application to judicially review a decision of the magistrates’ court may be made to the Administrative Court in the KBD of the High Court.

An application for review can be made of a decision to prosecute or not to prosecute, among other decisions, see Practice Note: Judicial review of prosecution decisions.

The most common grounds for review are:

1. •

   an error of law

2. •

   the court has acted in excess of jurisdiction

3. •

   there has been a breach of natural justice, for example where there have been procedural irregularities or where there has been a suspicion of bias

4. •

   the decision of the magistrates' court in Wednesbury is unreasonable

When