Judicial Review of the Criminal Process

1. The task of judicial review entails an assessment about the relative institutional competence of, on the one hand, the public authority which made the decision and, on the other hand, the court or tribunal tasked with judging the legality of that decision. This reflects how the Supreme Court in R (Begum) v Special Immigration Appeals Commission analysed the task of the Commission when hearing appeals and statutory reviews of decisions taken by the Secretary of State in the national security context.