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Criminal Cases Review Commission

Criminal Cases Review Commission. by Lisa Incledon. Background. Set up in March 1997 by the Criminal Appeal Act 1995. Based in Birmingham with approx 100 staff members. Completely independent and impartial, representing neither prosecution nor defence. Work.

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Criminal Cases Review Commission

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  1. Criminal Cases Review Commission by Lisa Incledon

  2. Background • Set up in March 1997 by the Criminal Appeal Act 1995. • Based in Birmingham with approx 100 staff members. • Completely independent and impartial, representing neither prosecution nor defence.

  3. Work • The CCRC reviews possible miscarriages of justice and refers appropriate cases to the appeal courts. • Can the CCRC overturn convictions or sentences itself?

  4. Work • The CCRC may be directed by the Court of Appeal to investigate and report its findings. • The Home Secretary may ask for advice when considering a Royal Pardon (or the CCRC may refer a case where it feels a Royal Pardon should be considered).

  5. Applications • An individual can apply to the CCRC for their case to be investigated if: • Convicted of a criminal offence • Within England, Wales or Northern Ireland • The individual should also have tried appealing first, and is likely to be turned down if they have not.

  6. Referrals to the Courts • The CCRC can refer cases back to the Crown Court or Court of Appeal if it considers that there is a real possibility that the conviction, verdict or sentence would not be upheld. • However, it is not sufficient if the CCRC would have simply reached a different decision to the jury on the trial evidence…

  7. Referrals to the Courts • In most cases there will need to be: • New evidence • A new legal argument that was not raised during the trial or appeal • Exceptional circumstances • Only approximately 4% of applications are referred to the courts.

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