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Annual report: Commission maintains performance despite year of change

CRIMINAL CASES REVIEW COMMISSION News Release (CCRC 22/07) issued by The Government News Network on 24 July 2007

Applications to the Criminal Cases Review Commission continued to rise slightly with 1,051 applications in 2006-07 compared with 1,011 the previous year, according to the Commission's annual report, published today.

The Commission closed 990 cases, just 2% less than the 1,012 closed the previous year. This was achieved despite reduced funding and major internal changes.

Total funding fell by 3.7% (from £7.961m to £7.664m), with savings made by reducing the number of Commissioners to the statutory minimum of 11 (five retired, only three were replaced) and other internal efficiencies, whilst maintaining caseworking capacity.

During the year, significant changes were made to how the Commission categorises and deals with applications, with the aim of improving efficiency and ultimately cutting waiting times, whilst maintaining the quality of reviews.

A significant growth area for the Commission over the year was in directions to investigate and report on matters referred to it by the Court of Appeal under section 15 of the Criminal Appeal Act 1995. There were 11 directions during the year, compared with 17 over the previous nine years, taking up a significant amount of investigation time.

In his Foreword the Chairman of the Commission, Professor Graham Zellick, highlights the considerable internal reorganisation and reform of processes carried out and pays tribute to staff for accommodating far-reaching changes to their work environment. He says: "It is still too soon to assess the benefits of these changes, but the early signs are encouraging."

He also welcomes the move to the new Ministry of Justice saying: "I hope that it will make for a constructive and fruitful relationship, acknowledging the quality, importance and effectiveness of the work we do, at modest cost, in the interests of justice on behalf of the people of England, Wales and Northern Ireland."

Referrals to appeal courts
The Commission referred 38 cases to the appeal courts between 1 April 2006 and 31 March 2007.

Of the 36 convictions referred, 15 concerned the importation and supply of controlled drugs, with 11 of these stemming from 'controlled deliveries' of drugs in HM Customs & Excise prosecutions during the early 1990s (six similar cases were referred last year). Ten convictions concerned sexual offences, two were for murder (compared with 10 the previous year), one for infanticide, six involved money-laundering, one involved offences connected with terrorism and one robbery.

Decisions of the appeal courts
The appeal courts decided in 2006-07 the cases of 47 individuals referred by the Commission. Of these, 70% resulted in a quashed conviction or reduced sentence.

Compared with previous years, there were fewer cases featuring allegations of police misconduct - two involved false confessions, but both of these pre-dated the Police and Criminal Evidence Act 1984. A newer theme was that of convictions based on sexual allegations made by complainants who later proved to be less reliable than had been apparent at trial (four cases, involving five individuals, fell into this category). Sexual offences represent a challenging category for case review as often there is little or no evidence other than what the complainant and defendant have said at trial.

The Commission is the independent public body which came into existence in 1997 to investigate possible miscarriages of justice in England, Wales and Northern Ireland and decide if cases should be referred to the appeal courts.

Copies of the Annual Report are available to download as Pdf files on the Commission website http://www.ccrc.gov.uk

NOTES TO EDITORS

1. The Criminal Cases Review Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland.

2. There are 11 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by The Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments' Code of Practice.

3. The Commission, based in Birmingham, has a staff of 100 and is funded by the Ministry of Justice.

4. Cases are investigated by Case Review Managers. The Commission has 47 Case Review Managers.

5. Any decision to refer a case to the relevant appeal court has to be taken by a committee of at least three Commissioners.

6. The Commission considers whether, as a result of new evidence or argument, there is a real possibility that the conviction or sentence would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are "exceptional circumstances".

7. The Commission may decide in its discretion not to refer a case even where the "real possibility" test is satisfied.

8. Once a decision is taken to refer a case to the relevant court of appeal, the Commission usually has no further involvement.

9. As at 31 March 2007, the Commission had referred 4% out of 8,951 cases completed since it began work in 1997.