Law Commission issues paper on criminal appeals

Closes 30 Nov 2023

Chapter 6: The “substantial injustice” test for appeals based on a change of law

Question 11: Is there evidence that the application of the “substantial injustice” test to appeals brought out of time on the basis of a change in the law is hindering the correction of miscarriages of justice?

Where an appellant seeks to challenge a conviction in the Court of Appeal on the basis of a change in the common law, the court will only grant leave to bring an appeal out of time if the appellant can demonstrate “substantial injustice”.