Draft an answer to the below judicial review problem question taken from the Public Law exam set in May 2021. Completing this first part of the formative assessment gives you the opportunity to test your legal analysis and written communication skills. It also exposes you to the type (and standard) of problem questions you may expect in your summative assessment in May.

Question

The (fictional) End of the Pandemic Act 2021 stipulates (inter alia) as follows:

's1 Where it appears to the Secretary of State that a person is involved in the management or organisation of events which violate the restrictions on gatherings, the Secretary of State may make a Covid Protective Detention Order (CPDO) for the temporary detention of that person. Such orders expire on 31 December

2022 (or an earlier date which must be applicable to all such orders, and as may be stipulated in Regulations).'

The s1 power is extremely controversial. Shortly after the Act is passed, in May 2021, the Home Secretary announced in a Press Conference that she intended that her usual practice would be to give all those subject to a CPDO the chance to attend a hearing before a panel before confirming the order. No such panels were ever set up.

Toby is a covid-sceptic. In violation of the restrictions on gatherings he organises weekly "no-fear parties" in a local restaurant, advertised online and by word of mouth, where up to 150 guests dine and dance together. He did not see, and has not otherwise become aware of, the Home Secretary's May press conference.

Matilda is Director of Covid Enforcement in the Home Office. She submits monthly written reports to the Home Secretary detailing the CPDOs which she has issued. Matilda approves a Covid Protective Detention Order for Toby, who is accordingly taken into custody.

Advise Toby on the prospect of raising successful judicial review claims. You should include, where appropriate, some reference to the remedy or remedies Toby might pursue. (This is a UK law based question).