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A Criminal Practitioner's Guide to Judicial Review and Case Stated


ISBN13: 9780853085669
ISBN: 0853085668
Published: November 1999
Publisher: LexisNexis Butterworths
Country of Publication: UK
Format: Hardback
Price: Out of print



Written from the point of view of the criminal practitioner, this text provides the reader with a grounding in the procedure and tactical considerations involved in judicial reviews and appeals by way of case stated. The types of decisions open to challenge are identified as are the appropriate remedies.

Detailed guidance, including extensive annotated precedent material, on the procedure which needs to be followed is given. The book takes full account of the Civil Procedure Rules and the impact of the Human Rights Act 1998 in this area.

Subjects:
Judicial Review
Contents:
The scope of the High Court's jurisdiction in crime
grounds that can be raised in an application for judicial review
grounds that can be raised in an appeal by way of case stated and an application of habeas corpus
when should criminal proceedings be brought to the High Court?
considerations that arise before applying to the High Court
procedural matters common to all Crown Office proceedings
procedure for applying for a writ of habeas corpus
procedure for appealing by way of case stated
orders for interim relief that the High Court may make during proceedings
orders for relief that the High Court may make at the end of proceedings
legal aid and orders for costs
impact of the Human Rights Act 1998. Materials: 11 precedents - judicial review
three precedents - case stated
legislation and forms.