I entirely agree. This is a vital amendment to the law, allowing the gaining of private evidence to assist in those cases of miscarriage of justice. My hon. Friend is right to raise that.
The CCRC was set up in 1997, following the Criminal Appeal Act 1995, to investigate possible miscarriages of justice. It was the world’s first publicly funded body to review alleged miscarriages of justice, set up in the wake of notorious mishandled cases such as the Guildford Four and the Birmingham Six—two high-profile cases of two groups of men, both convicted and imprisoned for connections to bombings carried out by the IRA in the 1970s.
Both sets of convictions were found, after repeated appeals, to have had serious breaches in the due process, irregularities in police evidence and, in the case of the Six, serious accusations of police brutality. All the men spent between 10 and 20 years behind bars before their convictions were eventually quashed after being ruled “unsafe”.
The royal commission reported in 1993, which led to the Criminal Appeal Act 1995, which established the Criminal Cases Review Commission in 1997. Although none of those may be a household name, as anyone who has ever been subject to a miscarriage of justice will attest, it is a deeply damaging experience and the CCRC is often victims’ only opportunity of salvation.
Before turning to the new powers, I must first explain how the CCRC operates under its current powers. The CCRC currently has the power to investigate alleged miscarriages of justice in England, Wales and Northern Ireland and to refer convictions and sentences to the relevant appeal court for a new appeal. Its jurisdiction was extended to the armed forces by the Armed Forces Act 2006 to cover courts martial and the service civilian court.
Parliament established the CCRC specifically to be a body independent of Government, and although sponsored by, and funded through, the Ministry of Justice, it carries out its operations completely independently. The commission investigates convictions on application by the offender or, in a case where the offender has died, at the request of relatives. It has special powers to investigate cases, and to obtain information which it believes is necessary to review a case. If the CCRC concludes that there is a “realistic prospect” that the Court of Appeal will overturn the conviction, it can make what is termed a “referral” and send cases back to court so that an appeal can be heard.
Applications are free to make to the CCRC and defendants cannot have their sentences increased on account of having made an application for review.
In principle, cases should only be examined by the CCRC where all other routes of appeal have failed. Only in “exceptional circumstances” may the commission consider cases which have not previously been appealed. However, as the commission usually deals with cases which have already been appealed once, if the commissioners are to be able to send cases for review it is usually on account of some new evidence or legal argument that has come to light.