Commons Sense

House of Commons · General Debate

Criminal Appeal (Amendment)

06 September 2022 · 1 other contributor

Opened by Barry Sheerman Lab Huddersfield

Justice & Courts

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Barry Sheerman raised concerns about criminal appeal (amendment) in the House of Commons. Other MPs contributed to the debate.

Key points

  • Mr Sheerman moved a Bill to amend the Criminal Appeal Act 1968 to allow appeals for unspent convictions with a material change in the law, focusing on joint enterprise convictions.
  • Mr Sheerman highlighted the high number of young black men and individuals with autism affected by joint enterprise convictions.
  • Mr Sheerman argued that 30 years of erroneous application of the law constitutes a substantial injustice.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Barry Sheerman Lab Huddersfield

Mr Sheerman moved a Bill to amend the Criminal Appeal Act 1968 to allow leave to appeal an unspent conviction where there has been a material change in the law, specifically addressing joint enterprise convictions. He emphasised the importance of justice and correcting miscarriages of justice for those wrongly convicted under this legal doctrine. He highlighted criticisms against parasitic accessorial liability (PAL) and noted the high number of young black men and individuals with autism affected by these convictions. Mr Sheerman argued that 30 years of erroneous application should be considered a substantial injustice, warranting appeals without meeting the current high bar.

Other contributors (1)
  • Barry Sheerman Lab Huddersfield

    Mr Sheerman emphasised the need to address miscarriages of justice for those convicted under joint enterprise law before and after the Jogee case. He noted that only two out of 103 appeals had succeeded since the Jogee ruling due to strict 'substantial injustice' criteria. Mr Sheerman proposed a Bill to amend the Criminal Appeal Act, allowing leave to appeal convictions affected by material changes in the law without stringent conditions.

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