1
Q
CCRC
A
- Created under Criminal Appeal Act 1995
- Independent body recommended by Runciman Commission, needed to deal with miscarriages of justice e.g. Birmingham 6
- CCRC looks at miscarriages of justice and will send case back to CoA if they think there is a miscarriage
2
Q
Powers of CCRC
A
- S.13(1) Criminal Appeal Act 1995: CCRC can send a case back to CoA if they think the decision may be changed
- SS.17-19 Criminal Appeal Act 1995: CCRC can force public bodies/companies to share any information they are holding regarding a case
> However, CCRC cannot force private bodies to do this- problem because police work often sub-contracted to private bodies e.g. CSI
3
Q
CCRC: Cases
A
Stephan Kiszko:
- Convicted for rape
- Medical condition (impotence) meant he could never have done it
- CCRC referred case back to CoA and charges dropped
Derrick Bentley (CCRC 1st Case):
- Low IQ 19yr old (Bentley) and 17yr old friend
- 17yr old has gun, police officer finds them
- Bentley says ‘Let him have it’, 17yr old shoots officer
- D says this meant give officer the gun
- P argues this meant kill officer
- Bentley hanged
- CCRC said it was a miscarriage of justice
Sally Clark:
- Accused of killing her babies
- Later established that they died of genetic problems
4
Q
Advantages and Disadvantages
A
Advantages:
- Very accessible: Anyone can apply on behalf of the D
- By 2015, had led to 397 quashed convictions
- By 2009, CCRC had received over 12,000 applications and dealt with around 11,500
Disadvantages:
- Not an appeal court so cannot ensure conviction is quashed
- Backlog of cases
- CCRC cannot get information from private bodies
