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

To access this full article please fill the form below.
All fields are mandatory unless marked as 'Optional'.
If you already a subscriber to New Law Journal, please login here

MOVERS & SHAKERS

NLJ Career Profile: Ben Daniels, DAC Beachcroft

NLJ Career Profile: Ben Daniels, DAC Beachcroft

Ben Daniels, newly elected as the next senior partner of DAC Beachcroft, reflects on his leadership inspiration and considers an impish alternative career

Osbornes Law—Lee Henderson

Osbornes Law—Lee Henderson

Family team bolstered by latest partner hire

Freeths—Graeme Danby & John Jeffreys

Freeths—Graeme Danby & John Jeffreys

Firms strengthens national restructuring and insolvency practice with leadership appointments

NEWS
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
In Ward v Rai, the High Court reaffirmed that imprecise points of dispute can and will be struck out. Writing in NLJ this week, Amy Dunkley of Bolt Burdon Kemp reports on the decision and its implications for practitioners
back-to-top-scroll