Criminal Cases Review Commission
From SR
Roles
The Criminal Cases Review Commission is the independent public body set up to investigate possible miscarriages of justice in England, Wales and Northern Ireland. The Commission assesses whether convictions or sentences should be referred to a court of appeal.
Their main job is to review the cases of those that feel they have been wrongly convicted of criminal offences, or unfairly sentenced. They do not consider innocence or guilt, but whether there is new evidence or argument that may cast doubt on the safety of an original decision.
Once they have completed their investigations into a case, they can refer it back to the appropriate appeal court for re-consideration.
They have wide-ranging investigative powers and can obtain and preserve documentation held by any public body.
They can also appoint an Investigating Officer from another public body to carry out inquiries on their behalf.
Their statutory role and responsibilities are set out in the Criminal Appeal Act 1995 and are defined as:
- Reviewing suspected miscarriages of justice and referring a conviction, verdict or finding or sentence to an appropriate court of appeal where it is felt that there is a “real possibility” that it would not be upheld.
- To investigate and report to the Court of Appeal on any matter referred to the Commission.
- To consider and report to the Secretary of State on any conviction referred to the Commission for consideration of the exercise of Her Majesty’s prerogative of mercy.
Although entirely independent of Government, they have also agreed wider objectives with their sponsor department, the Home Office. These are:
- Ensuring that all cases are dealt with effectively and expeditiously
- Delivering services in ways appropriate to stakeholder needs
- Promoting public understanding of the Commission’s role
- Enhancing public confidence in the criminal justice system
Jurisdiction
The Commission has jurisdiction over criminal cases at any Magistrates’ or Crown Court in England, Wales and Northern Ireland. They cannot consider civil cases or any cases in Scotland, the Channel Islands or the Isle of Man. The Scottish Criminal Cases Review Commission has jurisdiction for such cases in Scotland.
Reporting Hierarchy
The Criminal Cases Review Commission is entirely independent of Government, but is sponsored by the Home Office
