How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70295
Experience:  Over 5 years in practice.
Type Your UK Law Question Here...
Jo C. is online now
A new question is answered every 9 seconds

Is judicial review possible regarding police actions while

Customer Question

Is judicial review possible regarding police actions while a criminal case is still being investigated or must the defendant wait until the outcome of the police investigation?
Submitted: 4 years ago via InBrief.
Category: UK Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

What are you hoping to JR? Whats the decision please?
Customer: replied 4 years ago.
If the police raids a company, arrests the manager and is suspected by the defendants of having given wrong or misleading information in order to get a courts approval for the raid, can the defendants ask for judicial review of that action immediately or do they have to wait until the investigation leads to an indictment or is simply dropped?
Expert:  Jo C. replied 4 years ago.

Thanks for the information.

I am sorry for any delay you are experiencing. Unfortunately there are some bugs online and have been for a while. Its not something I have control over because the site is hosted in California and I am in London.

There’s no obligation to wait until the outcome of the investigation as it has no real nexus to it. In fact, a judicial review should be brought ‘promptly or within 3 months.’. It is possible to get time extended in some circumstances but not often.

However, judicial review is a remedy of last resort when you have exhausted all other avenues. It would seem that an action against the constabulary, on the face of it, would be the place to start.

There is case law that suggests that there can be an immediate judicial review without pursuing the appeal process but that was a case involving facts that were a really radical departure from the principles of justice.

In principle though, no there is no reason to wait until the substantive matter has closed.

Hope this helps. Please let me know if you need more information.