header-logo header-logo

Reforming criminal appeals: déjà vu?

11 April 2025 / Martin Rackstraw
Issue: 8112 / Categories: Opinion , Criminal
printer mail-detail
215642
Can the Law Commission’s consultation finally deliver radical reforms 30 years in the making? Martin Rackstraw weighs up the issues at hand

Criminal defence practitioners—and indeed anyone who is concerned about preventing miscarriages of justice—will welcome the Law Commission’s recently published consultation paper on appeals in criminal proceedings.

National outrage at the wrongful convictions of many innocent sub-postmasters due to the Horizon scandal, and the appalling case of Andrew Malkinson, gives the Law Commission’s project added urgency. However, in truth, discontent with the current appellate system has been widespread for years.

Lessons from past reforms

One of the most frustrating aspects of all this is the very real sense that we have been here before. As far back as 1991, following public concern over the wrongful conviction and imprisonment of the Guildford Four, the Birmingham Six and others, the then government set up a Royal Commission to carry out a thorough review of the criminal justice system. A key recommendation of that commission was the creation of an independent body

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll