The Law Commission of England and Wales has today [Friday 5
August] announced that it will launch a wide-ranging review of
the laws governing appeals for criminal cases.
The Commission has been asked by the Government to examine the
need for reforms to the appeals system, to ensure that the courts
have the right powers to enable the effective, efficient and
appropriate resolution of appeals.
The comprehensive review, which will include a public
consultation, follows calls from several leading bodies,
including the Justice Select Committee and Westminster Commission
on Miscarriages of Justice, for improvements to the law on
appeals to be considered.
The new project will consider the need for reform, with
particular focus on identifying any inconsistencies,
uncertainties and gaps in the law that may be hindering the
ability of the appeals system to function as effectively and
fairly as possible.
As part of the new review, areas that will be considered by the
Law Commission include:
- The powers of the Court of Appeal –
the senior court that hears appeals in England and Wales –
including its power to order a re-trial of a case or substitute a
conviction for another offence.
- Whether there is evidence that the
“safety test” – the test used to grant an appeal against a
conviction on the grounds that it is “unsafe” (for example,
because of a major error in the trial) – may make it difficult to
correct any miscarriages of justice.
- The test used by the Criminal Cases
Review Commission (CCRC) – the independent body responsible for
investigating potential miscarriages of justice – that governs
when it can refer a case back to the Court of Appeal for further
consideration.
- The Attorney General’s powers to
refer a case to the Court of Appeal because the sentence is
“unduly lenient”.
- The Crown Court’s sentencing powers
for a new trial that is the result of an appeal.
- Laws governing the retention and
disclosure of evidence for a case, including after conviction,
and retention and access to records of proceedings.
Commenting on the new project, Professor Penney Lewis,
the Law Commissioner for Criminal Law, said:
“The appeals system has faced calls for reform in recent years –
often marked by conflicting views on the areas of law that should
be changed.
“Our wide-ranging review of appeals will look at the evidence
behind competing arguments for reform. We will closely scrutinise
where the law is working well, and where it may be falling short.
“It’s essential that there is clarity, efficiency and fairness in
criminal appeals at all levels. By consulting with the public
including those who have direct experience of the appeals
process, and identifying areas for reform, we can help ensure
that there is confidence in the justice system and its ability to
remedy any wrongs.”
--
Review of appeals: Terms of reference
The full list of areas to be reviewed by the Law Commission are
set out in the project’s Terms of
Reference, agreed with the Government.
Next steps
The Commission’s review will begin with initial scoping and
pre-consultation engagement with stakeholders, followed by a
published consultation paper containing provisional proposals for
reform, formal consultation process, and published final report
containing recommendations for reform.
