Criminal Cases Review Commission

Criminal Cases Review Commission
Name	Criminal Cases Review Commission
Type	Non-departmental public body
Jurisdiction	England, Wales, and Northern Ireland
Headquarters	Birmingham
Chief1 name	Helen Pitcher
Chief1 position	Chairman
Chief2 name	Karen Kneller
Chief2 position	Chief Executive
Parent agency	Ministry of Justice
Website	https://www.ccrc.gov.uk

Criminal Cases Review Commission is an independent public body in the United Kingdom responsible for investigating potential miscarriages of justice. Established following the recommendations of the Royal Commission on Criminal Justice, it was created by the Criminal Appeal Act 1995 and began operating in 1997. The commission reviews convictions and sentences from the Crown Court and can refer cases back to the Court of Appeal or, in military cases, the Court Martial Appeal Court.

History and establishment

The commission was established in direct response to a series of high-profile miscarriages of justice that eroded public confidence in the criminal justice system during the late 1980s and early 1990s. Notable cases such as the Guildford Four, the Birmingham Six, and the Maguire Seven highlighted systemic failures, leading to the establishment of the Royal Commission on Criminal Justice chaired by Viscount Runciman. The subsequent Criminal Appeal Act 1995 formally created the body, which replaced the former referral function of the Home Secretary. Its creation marked a significant shift, moving the power to refer potential wrongful convictions from a political figure to an independent investigative agency, a model later studied by jurisdictions like Scotland, which established its own Scottish Criminal Cases Review Commission.

Powers and remit

The commission possesses statutory powers to investigate alleged miscarriages of justice in England, Wales, and Northern Ireland. Its remit covers convictions and sentences from the Crown Court, including cases originally tried in the Magistrates' Court but appealed to the Crown Court. It can refer a case back to the Court of Appeal if it considers there is a "real possibility" the conviction would not be upheld. The commission has the power to obtain documents from any public body, including police forces, the Crown Prosecution Service, and forensic service providers like the former Forensic Science Service. However, it cannot overturn convictions itself or award compensation; its role is purely investigatory and referential.

Case review process

The review process is applicant-driven, typically beginning with an application from the convicted person or their representatives. Commission case review managers conduct an initial assessment before a full investigation may be authorized. Investigations can involve commissioning new forensic analysis, such as DNA testing, interviewing witnesses, and instructing independent experts. The commission often liaises with bodies like the National Crime Agency or seeks expert opinions from institutions like the University of Oxford's Centre for Criminology. A committee of commissioners, including legal experts like former High Court judges and Queen's Counsel, ultimately decides whether to refer a case. The entire process is governed by strict statutory criteria and can take several years to complete.

Notable cases reviewed

The commission has referred numerous high-profile cases that resulted in convictions being quashed. These include the case of Barry George, convicted of the murder of Jill Dando, whose conviction was overturned after a referral. It also referred the convictions of the Bridgewater Four, leading to their release, and the case of Sion Jenkins, acquitted after a retrial. The commission referred the murder conviction of Angela Cannings, which became a landmark case leading to a review of many cot death prosecutions involving expert testimony from Professor Sir Roy Meadow. More recently, it referred the case of Sam Hallam, one of the youngest victims of a miscarriage of justice, whose conviction was overturned by the Court of Appeal.

Criticisms and controversies

The commission has faced criticism over the years for the length and complexity of its investigations, with some cases taking over a decade to review. It has been scrutinized for its application of the "real possibility" test, with critics arguing it is applied too conservatively. Some high-profile rejections, such as the application from Jeremy Bamber, convicted of the White House Farm murders, have attracted controversy and media campaigns. Legal scholars from institutions like the London School of Economics have debated its effectiveness and independence, particularly regarding resource constraints imposed by the Ministry of Justice. There have also been calls for its powers to be expanded to include the authority to initiate reviews without an application.

Relationship with other legal bodies

The commission operates within a complex legal ecosystem. It is an independent body sponsored by the Ministry of Justice but maintains an arm's-length relationship. Its primary interaction is with the appellate courts, specifically the Court of Appeal and the Court Martial Appeal Court. It works alongside, but is distinct from, prosecutorial authorities like the Crown Prosecution Service and investigative bodies like the Independent Office for Police Conduct. It also engages with legal reform organizations such as Justice and Innocence Project UK. The commission's relationship with the Scottish Criminal Cases Review Commission is one of separate but similar jurisdictions, with both bodies occasionally sharing best practices under the broader umbrella of the British–Irish Council.

Category:Organisations based in Birmingham, West Midlands Category:1997 establishments in the United Kingdom Category:Organisations investigating wrongful convictions