The test for referral

02 May 2025 / Professor Graham Zellick CBE KC

Issue: 8114 / Categories: Opinion , Criminal

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,

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The test for referral

Professor Graham Zellick KC, the Criminal Cases Review Commission’s second chairman, argues that the Law Commission’s proposal is wrong

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

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The test for referral

MOVERS & SHAKERS

DWF—19 appointments

Cadwalader—Andro Atlaga

Knights—Ella Dodgson & Rebecca Laffan