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Can the Commission accept applications from members of the Armed Forces?
Yes, but only if they have been convicted in the ordinary civilian criminal Courts of England, Wales or Northern Ireland. We have no powers to deal with cases tried under the Naval Discipline Act, Army Act or Air Force Act. This means the Commission cannot accept applications from members of the Armed Forces, Reserves or civilians who have been convicted by a Court-Martial or by the Standing Civilian Court, or summarily under a Service Commanding Officer's disciplinary powers.
Does the Commission have to refer a case if it thinks the real possibility test is met?
No. We have a discretion whether to do so or not. In the great majority of cases the finding of a real possibility will result in a referral without any need to consider the exercise of discretion not to refer. In a small number of cases, however, it is appropriate for us to determine whether there would be any real benefit to the applicant (or his family in the case of a deceased applicant) or to the criminal justice system as a whole.
Where can I get advice about other matters concerning my circumstances that are not about my appeal?
There are a number of organisations who may be able to help people in your situation. See "Useful Links" for more details.
Can applicants suggest areas worthy of investigation?
Yes. And this can often help us to carry out a review quickly. But we make the final decisions about the best way to review a case.
What are “exceptional circumstances”?
It is impossible to generalise as each case is unique, but what we can say is that there needs to be a strong argument to justify referring a case where the normal appeals process has not been exhausted.
Can people apply even if their legal team says they haven’t got a case?
Anyone who feels that they have new evidence or argument that casts doubt on an original verdict, finding or sentence can apply to us. If the normal appeal process has not been exhausted, there needs to be what we call “exceptional circumstances” for us to refer such a case.
Do you deal with compensation?
No, all such enquiries should be directed to the Home Office at www.homeoffice.gov.uk/justice/sentencing/wrongful/index.html or Claims Assessment Team, Criminal Law and Policy Directorate, Home Office, Room 343, 50 Queen Anne’s Gate, London SW1H 9AT)
Will I get Legal Aid for my application to the Commission?
Generally yes, but see the page called “Funding your application”.
Does the Commission represent applicants at the Court of Appeal?
No. It is not our role to represent applicants at any stage, and once a case has been referred, our role is over. Applicants normally need legal representation at this stage.
How long will the Court of Appeal take to hear my case once it is referred?
This depends on a number of factors, but this is a matter for the Court of Appeal, and is not within our control.
Does the age of a case matter?
No. But the older a conviction is, the more difficult it may be to review. For example, we can only obtain files from public bodies if they have not already been disposed of in line with normal disposal policies. Other evidence may no longer be available.
Can you get information normally unavailable to defence teams?
Yes. We have wide-ranging powers to obtain information from public bodies, even if it is normally not available to defence solicitors. This is a very powerful investigative tool, but does mean that we can’t always disclose all the information available to us.
What qualifications do the Case Review Managers have?
Many are legally qualified, or have experience in investigations. Having caseworkers with a broad range of professional backgrounds helps us to look at cases in a new light. All caseworkers are specially trained.
If I think my defence team was negligent, or pressured me into pleading guilty, do I have a good case?
Both of these grounds are common in applications but experience shows that only in a very few cases will such arguments result in a conviction being quashed.
Do you always interview applicants?
Sometimes applicants are interviewed, but it is not necessary in every case. It is entirely dependent on whether it will help us to review the case.
Is there a limit on the number of applications that can be made?
No. If an applicant can put forward new argument or new evidence, we will look at a case again, even if it was not referred after a previous application.
Do applicants need legal representation?
No. But it may help the review process. A list of solicitors who have told us they may be willing to take on CCRC applications is available at Find a Solicitor
Does the Commission only deal with Crown Court cases?
No, convictions or sentences in Magistrates’ Courts are also reviewed in exactly the same way.
How long is it before cases are allocated for review?
Most cases are relatively straightforward and can usually be completed within a month or two. These are allocated quickly after an initial assessment. But for more complex cases, applicants in custody currently wait more than a year for cases to be allocated, while at liberty cases are currently allocated after more than two years.
Is there a waiting list for cases to be reviewed?
For some cases yes. We are working hard to bring down waiting times but we usually receive two or three new cases every day. Cases are allocated according to a set list of priorities drawn up in consultation with stakeholder groups.
How long does it take to review cases?
This depends on the complexity of each case. Some can be done in days, others can take months or even years. Every case is different; we have to get it right and thoroughness cannot be compromised for the sake of speed.
Do you represent the defence or prosecution?
The Commission is entirely independent, is not part of the adversarial justice system and represents neither the prosecution nor the defence.
Once a case is referred, does it mean it has been quashed?
No. We are simply saying that we think that there is a real possibility that the appeal court will find the conviction to be unsafe, or the sentence unfair.
Why are so few cases referred?
There are no targets on how many cases the Commission should refer; the Commission simply considers each case on its individual merits.
How many cases are referred to the appeal courts?
The current rate is about 4 per cent of all applications. Once cases are referred to an appeal court about two-thirds result in an original decision being overturned.
How Do I Appeal?
Information is contained on the Appealing from a Crown Court and Appealing from a Magistrates’ Court pages in the Applying to Us section of this Web site. For further details go to this site (www.courtservice.gov.uk)
Who can apply?
Anyone convicted of a criminal offence in England, Wales or Northern Ireland. But we can usually only refer cases already turned down at appeal or where leave to appeal has been refused.
On what criteria are applications referred?
We have to consider whether there is a “real possibility” that an appeal court will overturn the original decision.
What does the Commission consider when reviewing an application?
We don’t consider innocence or guilt, but whether there is new evidence or new legal argument that might have changed an original decision.
If the Commission decides not to refer my case, can I make another application?
You can make a fresh application. However, this should be based on some new evidence or information or argument that the Commission has not already considered. It must also be something that is likely to have an effect on the safety of your conviction. If you do not raise something new that is likely to have an effect on the safety of your conviction, your re-application will not be accepted.
What if I am unhappy with the way the Commission has handled my case?
If you are unhappy with the way the Commission has handled your case, you may wish to make a complaint. A leaflet about how to make a complaint is available on our website www.ccrc.gov.uk in the Contact Us section. Alternatively, you can phone us or write to us and ask for a leaflet to be sent to you by post.
What if I think the Commission’s decision not to refer my case is wrong?
If you think that the Commission’s decision not to refer is unlawful, irrational or unreasonable, then you might want to make an application to the Administrative Court for judicial review. Any such application should be made within 3 months of the decision not to refer. You should try to get legal advice from a solicitor before making a claim for judicial review. The Commission has issued a policy statement about judicial review, which is available on the Commission’s website www.ccrc.gov.uk in the Publications section. Guidance on how to bring a claim for judicial review can be obtained from the Administrative Court through its official website: www.hmcourts-service.gov.uk.
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