R v Chelmsford Crown Court, ex parte Chief Constable of Essex Police
| Jurisdiction | England & Wales |
| Judgment Date | 27 July 1993 |
| Date | 27 July 1993 |
| Court | Divisional Court |
Queen's Bench Divisional Court
Judicial review - High Court power - statutory limitations
The power of the High Court to review decisions of the crown court was limited to the provisions of sections 28 and 29 of the Supreme Court Act 1981. The general power of judicial review in section 31 was subject to those sections.
The Queen's Bench Divisional Court (Lord Justice Glidewell and Mr Justice Cresswell) so held on June 25 in determining that it did not have jurisdiction to hear an application for judicial review of an order of Judge Beaumont, QC, at Chelmsford Crown Court that statements taken from the police during an informal resolution of complaints and which were inadmissible at trial under section 104(3) of the Police and Criminal Evidence Act 1984 should nevertheless be disclosed to the defence.
LORD JUSTICE GLIDEWELL said the crown court was in the same position as the High Court and its decisions were not open to challenge in the High Court.
However, when the crown court was established it was recognised that some of its decisions should be subject to the supervisory power of the Divisional Court.
Sections 28 and 29 of the 1981 Act expressly granted...
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R (TH) v Wood Green Crown Court
...points out, and it is not in dispute, that this includes where the claim for judicial review seeks a declaration ( R v Chelmsford Crown Court ex parte Chief Constable of Essex 1994 1WLR 359). 7 The Secretary of State says that, as a matter of ordinary language, the order in question plainly......
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R v Chester Crown Court ex parte Cheshire County Council
...proceedings, the Court drew the attention of counsel to the fact that none of their skeletons refer to the case of R v Chelmsford Crown Court ex parte Chief Constable of Essex (1994) 1 W.L.R. 359. Mr Hockman QC, who has made submissions on behalf of the Applicants, came fully prepared to ar......