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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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A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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