header-logo header-logo

The test for referral

02 May 2025 / Professor Graham Zellick CBE KC
Issue: 8114 / Categories: Opinion , Criminal
printer mail-detail
217357
Professor Graham Zellick KC, the Criminal Cases Review Commission’s second chairman, argues that the Law Commission’s proposal is wrong

From almost my first day as chairman of the Criminal Cases Review Commission (CCRC) in 2003 and throughout my five years in post, I found myself having to defend the statutory test for referral of a case to the relevant appeal court. There was much wrong with the CCRC in those days, to which I put my shoulder, but the referral test was not among the problems, then or now.

The criticisms, however, have persisted, culminating in the Law Commission’s provisional view in its consultation paper on Criminal Appeals (CP 268, 27 February 2025, Chap 11) that it should be replaced, reflecting the views of all but one of the 35 respondents to their earlier issues paper. Only the Crown Prosecution Service (unlikely to want to see any relaxation in the threshold for referral) pronounced the test satisfactory.

The test, found in s 13(1) of the Criminal Appeal Act 1995,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Mike Wilson, Blake Morgan

NLJ Career Profile: Mike Wilson, Blake Morgan

Mike Wilson, managing partner of Blake Morgan chair of the CBI’s South-East Council, reflects on his career the challenges that have defined him

Clarke Willmott—Alexandria Kittlety

Clarke Willmott—Alexandria Kittlety

Partner joins commercial property team in Birmingham

Birketts—Will MacFarlane & Sarah Dodds

Birketts—Will MacFarlane & Sarah Dodds

Family team expands with double appointment in Bristol office

NEWS
Lawyers have expressed dismay at the Chancellor Rachel Reeve’s decision to impose a £2,000 cap on salary sacrifice contributions
NLJ is inviting its readers to take part in this year’s annual reader research, a short survey designed to help shape the future direction of the magazine. The questionnaire consists of just eight quick questions and offers an opportunity for legal professionals to share their views on the content, coverage and issues that matter most to them.
The Law Society has urged regulators not to ban the term ‘no win no fee’, as the profession contemplates measures to prevent a disaster like the SSB Group collapse from happening again
The legal profession's leaders have mounted a robust defence of trial by jury, following reports that Justice Secretary David Lammy is considering restricting it to rape, murder, manslaughter and other cases that are in the public interest
CILEX (the Chartered Institute of Legal Executives) has been granted permission to appeal Mazur, a decision which has caused consternation among litigation firms
back-to-top-scroll