header-logo header-logo

02 August 2023
Issue: 8036 / Categories: Legal News , Criminal
printer mail-detail

Law Commissioners to review criminal appeals process

An overhaul of the criminal appeals process is on the cards, after the Law Commission launched a major review into potential reform.

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.

Issue: 8036 / Categories: Legal News , Criminal
printer mail-details

MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
A €60.9m award to Kylian Mbappé has refocused attention on football’s controversial ‘ethics bonus’ clauses. Writing in NLJ this week, Dr Estelle Ivanova of Valloni Attorneys at Law examines how such provisions sit within French labour law
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
back-to-top-scroll