The Law Commission has issued a call for evidence to determine if the appeals process for criminal cases needs to be reformed.
A year after being asked by the government to review the law relating to criminal appeals, the commission today published an ‘issues paper’ explaining the various appeal routes and tests applied.
The commission asks, for instance, if the law satisfactorily enables criminal cases to be considered by the Supreme Court. On the Criminal Cases Review Commission, it asks if the referral test – a ‘real possibility’ that the conviction, verdict, finding or sentence would not be upheld – when considering whether to refer an appeal hinders the correction of miscarriages of justice. Appeals in summary proceedings are also explored.
The commission’s paper comes a day after Andrew Malkinson’s rape conviction was quashed by the Court of Appeal following a 20-year fight. The issues paper mentions Malkinson’s case, as well as the Post Office 'Horizon' scandal, which is the subject of a public inquiry.
Criminal law commissioner Professor Penney Lewis said: 'The appeals process is essential for rectifying miscarriages of justice and ensuring the fair and consistent application of the criminal law. In recent years, there have been many differing views on how this process can be improved to allow for the efficient and effective resolution of appeals.
'In our comprehensive review, we will consider proposals for reform that will ensure the appeals process provides a robust safeguard against wrongful convictions and instils confidence in the criminal justice system. We therefore welcome a wide range of responses to our issues paper to help us identify if there are areas of the law that are not working.'
Responses must be submitted by 31 October. A consultation paper will be published next year setting out areas needing reform and proposals for change.
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