Skip to Content

Justice body is too cautious on Miscarriages of Justice.


Too few cases are being referred to the Court of Appeal because the justice body that reviews them have taken too much of a cautious approach.

Following a report from the Justice committee it has been highlighted that the Criminal Cases Review Commission had been failing in its duty because of a weak approach and that, had it been stronger, it would have referred more cases to the Court of Appeal which in turn would have had benefits for the judicial process.
The purpose of the Criminal Case Review Commission is to decide if there have been any miscarriages of justice, when asked to do so.

The report identifies that the public body was underfunded and had been finding it hard to cope following a reduction of 30% of its budget, it also felt that the commission had worked under concerns that it would fail with cases it referred to the court of Appeal, it was largely this fear of the Court of Appeal disagreeing with the commission, that had indoctrinated such a cautious approach.

The report would have been more positive had the commission referred more cases but failed, rather than having a higher percentage success rate, taking a bolder approach would in turn lead to more miscarriages of justice being over turned.

The report also highlighted the need for the commission to have greater powers in obtaining disclosure, in the case that the evidence is held by another public body it seems farcical that it was difficult to obtain disclosure.

I would find it a concern if the next Parliament does not redress these issues, in terms of funding and amendments to the present legislation.



Image Description
related news
recent articles
Double Jeopardy Law

What is Double Jeopardy? and is it still Law in the UK?..

link

Dangerous Driving.

You may have witnessed people driving, 'dangerously' or you may have been stopped for dangerous driving, but are you aware that there are other charges that fal..

Clare`s Law - Domestic Violence.

The domestic violence disclosure scheme named after domestic violence victim Clare Wood has been brought in throughout England and Wales. If you feel you could..

Education Law Solicitors

Education Law Solicitors. Education solicitors will provide legal advice on all aspects relating to children with Special Educational Needs, problems with schoo..

What is a Section 60 notice?

Over 2000 section 60 notices have been issued in London last year..

link

Discrimination

Discrimination.
All forms of discrimination are illegal, some are moral issues about how we conduct ourselves in everyday life, for example, are we discriminat..

Neighbour Disputes | Trees and Hedges.

Neighbour Disputes can escalate to affect your life and enjoyment of your property, if handled in the wrong way they can cause tension and in some cases argumen..

Social Media hampering police investigations.

Its time social media worked better with the police...

Stop and Search Laws to be changed?

Police Chiefs are calling for a change in the 'stop and search' l..

link

Finders Keepers | Finders Law

Finders Keepers | Finders Law
Ever since the phrase came into being in the early nineteenth century, documented as no halfers-findee, lossee seekee, which sou..

Guide to a Prenuptial agreements.

A prenuptial agreement (prenup) is an agreement set up by a couple prior to marriage, the prenup will detail how finances work whilst married and in the event t..

Discrimination at work | Age

Discrimination at work.
A person must not be treated differently to any other employee because of their .....

Image Description
Is there anything wrong with this page? - any amendments will receive accreditation - email us

Solicitors.com are not a firm of solicitors, and any content on the site should not be used in substitute for obtaining Legal advice from a solicitor regulated in the UK, Solicitors.com recommends that you contact a firm of solicitors to discuss your individual legal requirement. Whilst we strive to bring you accurate up to date content, all content on this site is not legal advice and is not guaranteed to be correct. Use of this site does not create a client relationship.

Information by area of law
Back to top