Had the government got its way during the passage though Parliament of the Justice and Security Bill in
removing judicial discretion, Lord Nueberger would have probably given a rather different judgment.
Many of the new laws restrict or
remove judicial discretion, in sentencing for instance, for the stark reason that the executive no longer trusts the judiciary.
Not exact matches
Civil liberties campaigners could contest proposals which would see the police handed the
discretion to
remove videos from internet sites, even with
judicial approval.
Based upon complaints filed by, among others, Washington DC based
Judicial Watch, the Commission had sought to
remove Judge Kendall from the bench on the basis of criticisms of his bail and sentencing decisions in specific cases, none of which had ever been appealed and each of which was soundly within his legal
discretion.
Rule 3.15 explicitly
removes this
discretion in the case of applications for
judicial review.
It
removes discretion from the Courts to use
judicial discretion in sentencing.