Criminal Appeals and CCRC

Question 1

Criminal Appeals System

Answer 1

D can appeal against sentence and conviction. p can appeal on Point of Law or because sentence was too lenient.

Magistrates Appeals

Mags To Crown: D can appeal against conviction or sentencing. P can appeal against a lenient sentence. Crown has the power to; Confirm, Vary or reverse a conviction.

Mags to QBD: P and D can only appeal on a point of law or where a decision was given in excess of jurisdiction S28 (1) Supreme Court Act 1981.

QBD to Supreme Court: The appeal to QBD from Mags can then go to SC if the P or D felt the decision was wrong. this is only for appeals on a Point of Law and the appealant must be granted leave (a legal term for permission.) The appeal must be of General Public Importance.

Crown Appeals

Crown to CoA: D can appeal against sentence or conviction. P can appeal against lenient sentence. P can appeal on Point of Law with A-G permission. D can appeal on Point of Law wthout permission. CoA can confirm, Vary or Reverse decision.

CoA to Supreme Court: P and D can make a further appeal to the SC on a Point of Law only. SC answer the point in question with speeches. they sit in a panel of 3,5,7 or 9. Each person makes a speech and the majority view wins. All speeches are published.

Question 2

History of CCRC

Answer 2

The Criminal Case Review Commission was established by the Criminal Appeal Act 1995. The CCRC took over from the C3 Division of the Home Office after a report from the Runciman Commission. This was because of the number of high-Profile Miscarriages of Justice e.g. Birmingham 6.

Question 3

Role of the CCRC

Answer 3

The CCRC is an Independent Review Body Funded by the Government. It has 14 members who represent Police, Prosecution, Defence of Government.

It isn’t a Court of Appeal, under S13 Criminal Appeal Act 1995, they can’t refer a case to appeal courts unless there is a real possibility that the conviction, verdict, finding or sentence wouldn’t be upheld.

CCRC Powers and Roles

• Cases will only be referred if there is new evidence or argument that wasn’t heard in the original trial.
• The defendant must have sought an appeal and failed.
• CCRC will only look at new evidence if the possibility of case quashed is good.
• It possesses wide investigatory powers under S17-19 Criminal Appeal Act 1995 including the power to gain materials from any public body.
• CCRC cannot force private bodies to give evidence, which is a problem because many private bodies are used in police investigations.

Question 4

Evaluating CCRC

Advantages

Answer 4

• CCRC is idnependent so it isn’t influenced by party politics, it’s not concerned with showing police or others in a good light.
• Having a CCRC means that the victims of miscarriages of justice can go somewhere. This also means our Justice System is one of the fairest in the world.
• In 2012, 15,332 applications were made, 505 were referred to Court of Appeal, 325 convictions quashed and 138 upheld.
• Decisions are transparent and explained in great detail

Question 5

Evaluating CCRC

Disadvantages

Answer 5

• Their referral rate is less than 4% per year, which is less than the 10% of the C3 Division.
• The innocence network UK criticise the CCRC for failing to refer cases because the CCRC are bound by the real possibility test under S13 (1) Criminal Appeal Act 1995.
• CCRC will only review a case if there is fresh evidence or argument that was not available at time of trial. There may have been evidence at the first trial that proved the D’s innocence but it wasn’t presented. Also the D cannot collect evidence if they are in prison.
• Government funding for the CCRC was cut in the last few years. It is thought that over 200 prisoners who have been turned down by the CCRc are innocent. It costs around £7 Million per year to keep them locked up.