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Proceeding contribution from Lord Ackner (Crossbench) in the House of Lords on Tuesday, 28 June 2005. It occurred during Debate on bill and Committee proceeding on Criminal Defence Service Bill [HL].


Criminal Defence Service Bill [HL]

I hope that I will be forgiven for continuing to sit. I support the amendment tabled by the noble Lord. At Second Reading, I submitted that the word ““appeal”” in the context in which it was used was a misnomer. The courts have gone to great lengths to underline the fact that an application for judicial review is not an appeal; it is merely a right to have the legality of what has been done considered, either on the basis that it was not within the powers of the body that made the decision, or that it acted in a manner that contravened natural justice. That is a supervisory jurisdiction, not an appellate jurisdiction. That is why I suggested that the use of the word ““appeal”” was a misnomer or was misleading. I also agree that serious matters can arise and, accordingly, the courts should have the opportunity to put them right, if that is the appropriate step in the particular case. I therefore support the amendment.


Secondary information

Type
Proceeding contribution
Reference
673 c6GC 
Session
2005-06
Chamber / Committee
House of Lords Grand Committee
Subjects
Criminal proceedings Appeals Applications Criminal Defence Service Crown Court Finance Legal aid scheme Eligibility Legal representation Legal Services Commission Legal costs Legal opinion Magistrates' courts Means-tested benefits
Legislation
Criminal Defence Service Bill (HL) 2005-06
Link
View this Proceeding contribution on www.publications.parliament.uk