Criminal Justice and Immigration Bill

The mischief of the clause as drafted is that it gives no guidance as to how the discretion of the court is to be exercised, so it causes problems to the commission. The commission has said, no doubt to the Government, that it would not know when it would be appropriate to bring forward a case. Speaking as a practitioner, I believe that trying to advise a client as to the circumstances in which the court may, "““think it appropriate in all the circumstances of the case””," to do a particular thing would be impossible. The words ““substantial injustice”” at least give some guidance as to the advice that would be given on the action that might be taken by the commission. As the noble and learned Lord, Lord Lloyd, said, that issue has now been resolved by the Court of Appeal and this clause is completely unnecessary.