The review follows growing concern in recent years about the piecemeal development of the law governing criminal appeals, with the Justice Select Committee and the Westminster Commission on Miscarriages of Justice among those calling for reform. The commissioners will review the tests used to grant an appeal and whether court resources are being used effectively.
Specifically, the commissioners are seeking views on: the need to reform the appeals process in magistrates’ courts, whether the Court of Appeal has adequate and appropriate powers to hear appeals, and whether the tests used to grant an appeal make it too difficult to correct miscarriages of justice.
They will look into the Attorney General’s powers to refer cases to the Court of Appeal where the sentence is ‘unduly lenient’ or a legal error has been made. The commissioners are also seeking views on whether appeals are hampered by laws governing retention and disclosure of evidence and access to records of proceedings.
Professor Penney Lewis, criminal law commissioner, said: ‘We will consider proposals for reform that will ensure the appeals process provides a robust safeguard against wrongful convictions and instils confidence in the criminal justice system.
‘We therefore welcome a wide range of responses to our issues paper to help us identify if there are areas of the law that are not working.’
A spokesperson for the Criminal Appeals Lawyers Association, said: ‘This signifies an important opportunity to bring about a more just and equitable post-conviction legal landscape.
‘We shall work with the Law Commission to strengthen the appeals system so that miscarriages of justice can be properly identified and rectified.’
More information is available at: www.lawcom.gov.uk/project/criminal-appeals. Views should be submitted by 31 October 2023.
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