CCRC Criminal• Cases • Review• Commission
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CCRC Criminal• cases • Review• Commission JUSTICE COMMITTEE FOLLOW UP THE CRIMINAL CASES REVIEW COMMISSION * THE COMMISSION'S WORKING PRACTICES We Are Listening The Criminal Cases Review Commission is always listening to its stakeholders and critics. We are a constantly evolving organisation, still a mere teenager - born 1997 - in real terms, and sometimes we will make mistakes, but we are always willing to learn and are incessantly driven to improve. We are independent We are led by a body of Commissioners with several lifetimes' accumulated experience at the highest levels of criminal justice and beyond. They are the decision-makers in all our cases. They have been chosen for their independence and their rigour and they are no soft option for the Court of Appeal, the police, the CPS, the Ministry of Justice or anyone else. The Commissioners work closely with, amongst others, a team of well trained and highly experienced Case Review Managers. They are supported by two former senior police officers as Investigations Advisers and an Investigator. Together they bring commitment and dedication to our investigations and a passionate belief in our core values. We were set up to right wrongs and that is what they aim to do, without fear or favour. Every one of them has a desk and a mountain of papers, but they are not detained there, passing cases from the in tray to the out tray. We could not disagree more strongly with Mr Maddocks that we lack courage or forthrightness and do not dig deep enough. We have an idealistic belief in our independence but that does not blind us to the legal hurdles we have to overcome. They were not set by us. They were defined by Parliament and the courts. We are fulfilling our role as defined by the Criminal Appeal Act 1995 We would argue that the 1995 Act does precisely what Dr Naughton says it doesn't when he questions whether we are carrying out the role that was envisaged by Parliament: an independent body to correct miscarriages of justice and restore confidence in the judicial system. The terms of the Act clearly assert Parliament's intention and enshrine our independence. 1 Nor is that just our own view. In a recent presentation to INUK itself, Professor Michael Zander, generally regarded as the doyenne of academic lawyers (and himself a member of the original (Runciman) Commission) told INUK that the statutory test we are required to operate is, indeed, in his viE)w the right test and that the CCRC is, indeed, independent of the Court of Appeal in the way that Runciman intended. The Act sets out the legal framework within which we operate. Of course there must be a framework for assessing the merits of cases, but that does not mean we are beholden to the Court of Appeal. We are circumscribed by the law, not by our anxiety to please the Court of Appeal. We make our own decisions, within the law, we refer cases where we think it is right to do so. We are an investigative body We go out and make inquiries. We question and challenge evidence and are determined in our pursuit of answers and explanations. We instruct experts, we interrogate the findings of forensic scientists, we send the police out on our behalf when we need their help. We track down old lawyers, witnesses, even sometimes jurors, and ask, what really happened? We are always asking that same question. Detailed, thorough, painstaking investigative work is not an occasional addition to paper-pushing, it is the essence of who we are and what we do. We never "rubber stamp" cases to the Court·of Appeal We always, without exception, conduct our own reviews and inquiries, sometimes directing the police to investigate on our behalf, under section 19 of the 1995 Act. There are numerous examples of cases we have referred to the Court of Appeal based on points not raised by our applicants that we ourselves uncovered. Recent examples would be: The case of V: Conviction for rape -We identified that the complainant's account to the police of events of the Monday morning had, at trial, been incorporated into her evidenpe of events of the Tuesday morning of the rape, giving the impression that she had been unable to prevent or properly recall the assault because of the mix of alcohol, cannabis and prescription medication she had taken. The jury had queried this aspect of the evidence, but had then been mis-directed by the judge. The case of P: Convictions for rape and other sexual offences-We identified that the medical findings did not in fact support the allegations and we also identified, from background checks, evidence relating to the complainant and her father that both undermined their credibilitY and supported the defence case. The case of B: Conviction for robbery- We identified that the police had not disclosed 5 photographs of B that demonstrated the consistency of his appearance and differences between him and the descriptions of the suspect and we also identified that the circumstances of a street identification (which 2 had a bearing on the reliability of the identification evidence) had not been fully recorded by the police or explored at trial. We are always active and engaged Just this past week we: • Had a six hour meeting with the family of an applicant to update them on our long running investigations in a high profile murder which many believe to be a travesty of justice. The case involves a complex re-examination of forensic evidence using the latest technology. • Met with Mark Ellison QC who has been looking into the actions of the Metropolitan Police Special Demonstrations Squad and the possibility that these may have caused miscarriages of justice, along with officials from the Attorney General's Office, the CPS, the Police and other agencies. One issue is the extent to which these cases are individual and historic or how far they may point to more widespread problem. • Attended prisons and police stations, talked to applicants, interviewed lawyers, met stakeholders, and referred at least one case to the Court of Appeal after many months of inquiries. · We interview applicants as often as we can This week, as in all weeks, we reviewed and closed many cases that were going nowhere, while planning and progressing inquiries in our more active investigations. We have a balanced caseload but too many cases - that is our burden, the price we have paid for being so accessible, for increased demand and an effectively reduced budget. Our queues are a major source of concern to us at present. We are determined to get them d9wn to acceptable levels and expect to make further progress in the next few months. Meanwhile, our caseload means we cannot meet face to face everyone who asks us for our help. We see applicants where we think that a face to face meeting will make a real difference. We are always ready to see vulnerable applicants or, indeed, any applicants who for whatever reason have real difficulty putting their case into words on the page. We use translators and/or interpreters, where appropriate, to help our applicants make their best case to us. We cannot ignore the value of the case papers as the core materials of our work and these often turn up in multiple volumes which need meticulous perusal- as we know the devil is in the detail- but that will often be merely the springboard to further investigations or inquiries. 3 We try not to keep our applicants waiting too long Respondents commenting on the time taken to process applications held different views, with one saying that the timescale was immaterial and others criticising the Commission for being too slow. · There are two distinct issues, in our view. The first is the time that applicants wait before we begin our review of their case, the second being how long we take to complete a review and make a decision once the review has begun. We are not in the least complacent about these aspects of our performance and are continually looking at ways to improve our efficiency, whilst maintaining high quality. In 2012, in line with our commitment to improve access to justice, we reviewed our application procedure and introduced EasyRead. Since then, we have experienced an unprecedented increase in the number of applications, which has significantly increased the length of time applicants have to wait before their cases can be reviewed. We are nevertheless seeking to reduce the waiting time for applicants. Over the last six months we have, due to the recent increase in our resources, been able to employ more staff who are now fully operational and carrying a full workload. We are also considering our approach to cases where applicants have not previously made representations to the appeal courts, with a view to dealing with these cases more expeditiously. The balance to be struck between speed and thoroughness is always a difficult one. A significant proportion of cases reviewed by the Commission are exceedingly complex and those cases require much painstaking work, often involving other agencies and possibly the instruction of experts. Often the cases are a number of years old before they reach us and sometimes we have difficulty in locating the necessary case materials. The work, if it is done properly, will always take time. Many of these cases have a long history and take time to unravel. Also, one of the most common causes of long-running reviews is applicants themselves requesting us to undertake more work, or telling us new things, often well after the review has begun.