CCRC

Question 1

CCRC

Answer 1

• Created under Criminal Appeal Act 1995
• Independent body recommended by Runciman Commission, needed to deal with miscarriages of justice e.g. Birmingham 6
• CCRC looks at miscarriages of justice and will send case back to CoA if they think there is a miscarriage

Question 2

Powers of CCRC

Answer 2

• S.13(1) Criminal Appeal Act 1995: CCRC can send a case back to CoA if they think the decision may be changed
• SS.17-19 Criminal Appeal Act 1995: CCRC can force public bodies/companies to share any information they are holding regarding a case
  > However, CCRC cannot force private bodies to do this- problem because police work often sub-contracted to private bodies e.g. CSI

Question 3

CCRC: Cases

Answer 3

Stephan Kiszko:

• Convicted for rape
• Medical condition (impotence) meant he could never have done it
• CCRC referred case back to CoA and charges dropped

Derrick Bentley (CCRC 1st Case):

• Low IQ 19yr old (Bentley) and 17yr old friend
• 17yr old has gun, police officer finds them
• Bentley says ‘Let him have it’, 17yr old shoots officer
• D says this meant give officer the gun
• P argues this meant kill officer
• Bentley hanged
• CCRC said it was a miscarriage of justice

Sally Clark:

• Accused of killing her babies
• Later established that they died of genetic problems

Question 4

Advantages and Disadvantages

Answer 4

Advantages:

• Very accessible: Anyone can apply on behalf of the D
• By 2015, had led to 397 quashed convictions
• By 2009, CCRC had received over 12,000 applications and dealt with around 11,500

Disadvantages:

• Not an appeal court so cannot ensure conviction is quashed
• Backlog of cases
• CCRC cannot get information from private bodies