Judicial Review
Judicial Review is a process by which the lawfulness of decisions made by public bodies can be challenged. It can also be a useful tool for identifying and challenging human rights breaches by the police including unlawful searches, unlawful arrest and unlawful detention.
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Judicial Review is a vital component of the Criminal Justice system in Northern Ireland and the Republic of Ireland. It is necessary to hold public bodies such as the PPS to account for the decisions they make. This is particularly important in the context of criminal law as members of the public have an expectation that they will receive a fair trial and will not be unlawfully detained.
If you believe that a public authority has made an unlawful decision that affects your rights or interests, consult one of our solicitors at P.A Duffy & Co Solicitors. We firmly believe that when these rights are breached the relevant decision makers should be challenged to ensure such breaches do not happen again.
How do I Judicially Review a Decision?
Judicial Review is a remedy of last resort. This means that an applicant must have exhausted all other avenues of appeal before making an application for Judicial Review. If an applicant has exhausted all of their appeal options, then they must seek legal advice urgently as an application for judicial review must be made within 3 months of the final decision from the public body.
A Judicial Review can be brought if a decision from a public body is thought to be illegal, procedurally unfair, irrational or disproportionate. Judicial Reviews can and have been successfully brought against the PPS for failing to prosecute an individual.
Our Dungannon, Belfast and Dublin based solicitors will review the facts of each particular case and advise you on the merits of taking a judicial review and whether you have any alternative remedies available.
FAQs
What are the grounds for judicial review?
Judicial review can be sought on various grounds, including illegality, irrationality, procedural impropriety, and breach of legitimate expectations. The specific ground depends on the circumstances of your case.
How long does the judicial review process take?
The duration of the process can vary significantly depending on the complexity of the case and court availability. It may take several months to resolve a judicial review, and in some cases, it can take longer.
What are the potential outcomes of a judicial review?
Possible outcomes include the court quashing the decision, ordering the public authority to reconsider the decision, or declaring the decision unlawful. The court may also award costs to the successful party.
How can I finance a judicial review?
We know that funding a judicial review might be a worry, so we offer a range of options. These include:
Legal Aid
Legal Expenses Cover
After the Event Insurance (ATE insurance)
Private funding.
We will be happy to discuss funding with you to find the best option for your circumstances.
What is the time limit for bringing a judicial review case?
In the United Kingdom, there are strict time limits for bringing a judicial review action. These time limits are set out in the Civil Procedure Rules (CPR) and can vary depending on the nature of the decision or action being challenged.
In the Republic of Ireland (ROI), the time limit for bringing a judicial review is typically within three months from the date of the decision or action being challenged.
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