Public order & Judicial Review

Question 1

Can the chief police officer ban a public assembly/ static demonstration in advance?

Answer 1

The police have no power to ban a public assembly in advance

Question 2

What is the time limit for bringing applying for judicial review in most cases?

Answer 2

3 months from the date of the decision

Question 3

Who has the power to ban a trespassory assembly?

Answer 3

The local authority at the request of the police.

Question 4

What is a procedural legitimate expectation within judicial review?

Answer 4

When the decision-maker has failed to follow a normal procedure.
A public body should apply the policy unless there is good reason not to do so.

Question 5

What is a substantive legitimate expectation within judicial review?

Answer 5

When the decision-maker has led someone to believe that they will receive a benefit.
There are 3 outcomes when challenging this -

• it can only be reviewed on irrationality grounds (Wednesday principle)
• it can be reviewed on procedural legitimate expectation grounds
• it amounts to an abuse of power where the court will weigh individual fairnesses and the public benefit of the act

Question 6

What is the time limit for bringing a claim in judicial review in planning permission cases?

Answer 6

Within 6 weeks of the decision being made

Question 7

What are the remedies provided for judicial review?

Answer 7

Quashing order
Mandatory order
Damages (only if it would be available in a civil court)

Question 8

Does the court have the power to overturn partial ouster clauses?

Answer 8

No the court has no discretion whatsoever, even if there is good reason.

Question 9

What are the five factors the court should consider in deciding whether a pressure group has standing to bring a claim in judicial review?

Answer 9

1. The need to uphold the rule of law;
2. The importance of the issue raised;
3. The likely absence of any other responsible challenger;
4. The nature of the alleged breach of duty; and
5. The role of the pressure group.

Question 10

What is the test to establish if someone is a public body?

Answer 10

Datafin tests:
Source of power tests
Nature of power tests

Question 11

Can cross-examination be used in judicial review?

Answer 11

If there are critical fact issues which make cross-examination necessary the courts may order this

Question 12

When should someone make a claim for judicial review?

Answer 12

After they have exhausted the appellate process

Question 13

Can a claimant make a claim for judicial review on a preliminary matter?

Answer 13

No judicial review is only available for final decisions (not temporary notices)

Question 14

When can arrest be made regarding protest?

Answer 14

Only when conditions have been breached