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Proceeding contribution from Andrew Dismore (Labour) in the House of Commons on Monday, 23 March 2009. It occurred during Debate on bill on Coroners and Justice Bill.


Coroners and Justice Bill

My right hon. Friend is right about that, but there is still the question of how the judge may decide the case. We did not have that problem in the de Menezes case to start with. The problem is that certification can be challenged only by way of judicial review of whether the Secretary of State was right in his decision to certify something as being against relations with another country. The judicial review test is, of course, an awful lot higher than a simple appeal, which would have been an option. [Interruption.] The burden is more difficult for the people making a challenge. One option might be to say that the High Court judge could look at the certification under the normal appeal process and decide whether it was justified, without its having to satisfy the judicial review test, which would require a much higher standard.


Secondary information

Type
Proceeding contribution
Reference
490 c88 
Session
2008-09
Chamber / Committee
House of Commons chamber
Subjects
Children Disclosure of information Admissibility of evidence Data protection Crime prevention Courts Armed forces Death Coroners Juries Evidence Judges Legal representation Immunity certificates Foreign relations National security Northern Ireland Protection Parliamentary scrutiny Public inquiries Scotland Standards Terrorism Witnesses High Court
Legislation
Coroners and Justice Bill 2008-09
Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976
Link
View this Proceeding contribution on www.publications.parliament.uk