Recommendation 3

The Government should remove the requirement that judges make quashing orders with suspended or prospective-only effects where they would provide adequate redress and there is not a good reason not to, as this amounts to an unnecessary, albeit low level, intrusion into judicial remedial discretion. Furthermore, the proposed new section 29A(8) should be amended to include in the list of matters to which a judge must have regard when deciding whether to make a suspended or prospective-only quashing order. (Paragraph 31) Reversing Cart