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11 April 2025 / Martin Rackstraw
Issue: 8112 / Categories: Opinion , Criminal
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Reforming criminal appeals: déjà vu?

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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

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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