11 April 2025
The wrongful convictions of innocent sub-postmasters and of Andrew Malkinson, who was also entirely innocent, are shocking. The appeals system has been in need of ‘radical overhaul’ for decades, Martin Rackstraw, criminal partner at Russell-Cooke, writes in this week’s NLJ.
Rackstraw looks at the recently published Law Commission’s consultation paper on appeals, and considers some of the issues raised and proposals made. He sets out the key reasons for reform, including ‘a test for quashing Crown Court convictions that is too inflexible and is usually applied with maximum inflexibility’.
In particular, he looks at the ‘safe’ test, used by the Court of Appeal and expresses hope for a ‘much needed and much overdue revision’.RELATED ARTICLES
