CCRC
The CCRC will only usually consider whether or not to review a case where the
following criteria are met:
e The defendant has at least tried to appeal his/her case to the Court of
Appeal or, in the case of a Magistrates’ Court conviction, the Crown Court
or High Court. “Tried to appeal” means: applying for permission to the
Court of Appeal or the High Court, or asking for the Crown Court to hear
an appeal from the Magistrates’ Court. The Commission will only usually
agree to review cases in which permission to appeal has not been sought,
in exceptional circumstances — for which see below.
e In addition, there must also be some important new evidence or legal
argument available to the defendant — for which see below.
Exceptional circumstances
The Commission will only agree to review a case which has not already been the
subject of a refused application for permission to appeal, or an appeal hearing where
the appeal has been dismissed, where it can be shown that there are exceptional
circumstances justifying a failure to appeal in the usual way.
In essence the Commission is looking for an explanation for the failure to appeal.
There is no simple definition of “exceptional circumstances”, but it has been held to
mean that there should be a strong argument as to why the person did not appeal, and
why they cannot appeal now. Having missed the deadline for an appeal; forgetting; or
being advised that they have no appeal are not considered to be sufficient arguments
to meet this test because in all such circumstances the defendant may still apply to the
relevant appeal court “out-of-time”.
New evidence or legal argument
Usually this means something that was not covered at the original trial or, if there was
an appeal, at the appeal hearing. This may be new evidence not known about at the
time, or something that has changed since the original trial, such as the appearance of
anew witness or a new development in science or the law.
Comment
Applying those criteria to the POL (and RMG) prosecutions, we are not aware of any
cases which meet the first criterion.
As to the second, the Second Sight Interim report would fall within the scope of that
criterion on the basis that it was information not known at the time of the original trial
and which has emerged since conviction. However, in the usual course of events, the
CCRC’s remit does not cover reviewing such cases because the defendants already
have, and have not availed themselves of, the right to appeal to the relevant Court.
I have attached, in ‘cut and paste’ Word Doc form, a suggested response to the
CCRC. Please feel free to use it, or any part of it, (or not) as you will.
POL00039993
POL00039993
POL00039993
POL00039993