Law Commission issues paper on criminal appeals

Closes 30 Nov 2023

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Chapter 5: The Criminal Cases Review Commission

Question 10: Is there evidence that the referral test (a “real possibility” that the conviction, verdict, finding or sentence would not be upheld) used by the Criminal Cases Review Commission when considering whether to refer an appeal hinders the correction of miscarriages of justice?

If so, are there any alternative tests that would better enable the correction of miscarriages of justice?

The Criminal Cases Review Commission can only refer a case to the Court of Appeal or the Crown Court, if it considers that there is a “real possibility” that the court would not uphold the conviction or sentence.