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

Appointing a Solicitor

Guide to some of the factors people use when appointing a Solicitor...

Domestic Violence Guide

Domestic violence is not just physical violence, it can take many forms, which a person may use to control a partner, if you are suffering domestic violence cal..

Social media in the work place

Social media in the work place - Staff using social media in the work place can become a problem, productivity and performance can be affected by the time spent..

What is a Section 60 notice?

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

link

Bail

What is Bail in the UK - If you have been charged with a crime you can be released on bail from the police station, which means you will be able to go home but..

Fraud Solicitors | Solicitors.com

Fraud Solicitors. Fraud could be described as a deception in order to secure unfair or unlawful gain, usually monetary...

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..

Stop and Search Laws to be changed?

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

link

Children and the Law - Car Safety

Up until a child reaches the age of 12, or 135 cm, a child must use a booster or car seat, when a child is not required to use a car seat or booster they must,..

Children and the Law - Smacking

Children and the Law - Smacking.
It is surprising that the UK have not adopted the same stance as in Europe where the EU have adopted a clearer stance in makin..

Dogs and the Law.

Dogs and the Law.
Does your dog need a license, should it be chipped are you buying it from a reputable breeder and is it covered under the Dangerous Dogs Act?..

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