Radical proposals to transform system
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.THE establishment of an independent authority to review alleged miscarriages of justice was the key recommendation made by the Royal Commission on Criminal Justice, set up after the release of the Birmingham Six, writes Jason Bennetto. Yesterday's discussion document by the Home Office accepted the bulk of the commission's findings, and if accepted will mark a major transformation in how the appeal system operates.
In two cases it has gone further than the commission's recommendations, while others have been watered down.
The proposals include:
The introduction of a new test for the Court of Appeal of whether fresh evidence is 'capable of belief', rather than the current 'likely to be credible'. Even without new evidence, it suggests, the court should still be able to quash convictions where there is a 'lurking doubt'.
Giving the new Criminal Cases Review Authority the power to refer doubtful convictions if there is new evidence or any new issue which could lead the courts to take a different view. The authority could also refer sentences they consider to be too high.
Allowing a single broad ground of appeal - that the conviction 'is or may be unsafe'.
Giving the authority powers to request and oversee inquiries by the police.
No appeal on decisions made by the authority.
Scrapping the Royal Prerogative of Mercy, which is held by the Home Secretary, in cases considered by the authority and only allowing its use in appeals made on compassionate grounds.
Allowing the Court of Appeal to ask the authority to carry out an investigation only in 'exceptional circumstances', rather than it having an automatic right.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments