
Criminal Cases Review Commission
– the last chance!
Miscarriages of Justice are the real driver in what I do. The Criminal Case Review Commission really is the last chance to overturn a conviction after an unsuccessful appeal and requires the utmost care and forensic analysis.
Wholesale review of case to determine what has changed
Given that the case will necessarily already have been refused by the Court of Appeal, a comprehensive review will be needed in order to ascertain what may have changed and if there is a valid basis for an approach to the CCRC.
Fresh evidence
Clearly, where there is new and “fresh evidence” that may be material to the safety of your conviction then this should be reviewed. There needs to be something exceptional and compelling to justify a review by the CCRC.
Court of Appeal or CCRC
The commonly accepted principle is that once you have been to the Court of Appeal you cannot go back. This gives rise for the need to go to the CCRC. However, there are ‘exceptional circumstances’ to this rule which we can discuss.
Referral back to CA
The reason for approaching the CCRC is to present them with compelling reasons for them to refer your case back to the Court of Appeal if what has been submitted to them brings a serious question mark as to safety of your conviction.
Time
It needs to be understood that you will be entering a long game in making representations to the CCRC. It can take years to get to the front of their queue.
Sentence
The CCRC can also review sentences.