Criminal Cases Review Commission

Opened the debate

MP Barry Sheerman highlighted the need for reform in the Criminal Cases Review Commission (CCRC), citing a lack of resources and delays in the justice system. He noted that individuals wrongly imprisoned can serve up to 18 years without compensation upon release, while convicted criminals receive rehabilitation support. The real possibility test is seen as too deferential towards the Court of Appeal, limiting the CCRC's freedom of decision. Staff remuneration has declined, and full-time staff recruitment has been challenging due to low pay and conditions.

Government Response

What a pleasure it is to serve under your chairmanship, Sir Charles. I congratulate the hon. Member for Huddersfield (Mr Sheerman) on securing this important debate on strengthening the Criminal Cases Review Commission. As the hon. Gentleman rightly pointed out in his opening remarks, miscarriages of justice have terrible consequences for all those involved, including defendants and their families and friends, as well as victims. I pay tribute to the hon. Gentleman for fighting against injustice and for shining a light on the risk of miscarriages of justice. We are proud of the work of the independent CCRC, which was established in 1997 as the world's first statutory publicly funded body set up to review alleged miscarriages of justice. The CCRC has referred its 750th case for appeal and more than 450 appeals have been allowed by appeal courts since then. I join the hon. Member for Huddersfield in commending the Westminster Commission on Miscarriages of Justice, which produced an extremely worthwhile report with detailed conclusions. The MOJ will consider each recommendation made for the Department in detail, and the CCRC will do the same for its recommendations. In the past 12 months, the CCRC has referred 70 cases to the appeal courts, a significant achievement despite the challenges of the coronavirus pandemic. Specific improvements include increasing the percentage of cases closed within 12 months from just over 70% in 2017 to 83%, and reducing the average duration of reviews from 40 weeks to 36 weeks currently. The CCRC continues to closely monitor its referral rate and works with practitioners and academics to ensure it is aware of potential new cases of miscarriages of justice. While there have been criticisms regarding the real possibility test, which must be crossed before a case can be referred, we will keep this matter under review. The current chief executive officer told the Westminster commission that she does not feel that the test inhibits the ability of the CCRC to make referrals. We do not currently have plans to review or amend legislation on criminal appeals but acknowledge points made in the report. Regarding resources, the Ministry of Justice has provided the CCRC with substantial capital funding over the past two years for IT system upgrades and casework process improvements, totaling more than £1.5 million. The independence of the CCRC is vital to public confidence, as confirmed by a High Court finding in July 2020 that the CCRC is both operationally and constitutionally independent of the MOJ. We will continue to work constructively to strengthen and enhance its vital work.