The Criminal Cases Review Commission - A Quarter of a Century On

This article examines the ability of the Criminal Cases Review Commission (CCRC) to identify, investigate and rectify cases of alleged miscarriage of justice. Following a summary of the work of the CCRC over its first quarter century in operation, it analyses the extent to which its establishment addressed the purposes for which it was put into place and comments on how initial concerns have been addressed. The article focusses on the operation and interpretation of the ‘real possibility’ test under s.13 of the Criminal Appeal Act 1995, submitting that significant impediments exist when seeking a truth-based rectification of miscarriage of justice cases in cases of alleged factual innocence, with arguably undue deference given to the approach of the Court of Appeal. It also considers whether its independence is compromised. It concludes with its findings that whilst the CCRC has undoubtedly been a welcome addition to the criminal justice system, significant issues remain within the post-appeal mechanism.