 Introduction
The Criminal Cases Review Commission adopted the Information Commissioner's Office (ICO) model publication scheme on January 1, 2009.
The Commission has prepared this guide to information to help anyone interested to understand what information the Commission routinely publishes about itself and its work. This guide explains what published information is available and, where possible, it seeks to help locate it.
We aim to make the most commonly sought pieces of information readily and easily available. The information we hold and make available conforms to the ICO's model publication scheme unless its release is prohibited under another statute. (For more about when and why we cannot disclose certain information see below: Why material on individual cases cannot generally be made available.)
On our website http://www.ccrc.gov.uk/ you will find many useful documents and lots of information setting out our policies and procedures on everything from how we deal with personal information and health and safety to how we handle complaints and the how we conduct casework. (See particularly Our policies and procedures and Our policies and procedures (casework))
In this guide you also will find some of the commonly requested, basic information about who we are, what the Commission's values are and so on. The guide will also direct you, via hypertext links shown underlined, to places on our website where you can find more detailed information about those subjects and about much else such as how the Commission is structured and who makes decisions. For instance, in the About Us section of the site you will find an overview of our role, a brief history of the CCRC and many frequently asked questions or (FAQs) as well as short biographies of our Chair and each of our current Commissioners.
The ICO's model publication scheme divides information into seven categories. Information in all seven categories is discussed in this guide and is available either via the Commission's website or on request in writing to the Commission (See final section of this guide on Freedom of Information).
The information available from the CCRC under the publication scheme is subject to regular review by the Commission's Head of Communication.
Anyone wanting published information in a paper format, or at a different size, should contact the Head of Communication. Assistance in a language other than English will be considered. All contact details can be seen on page five in the final section of this guide.
If you need information concerning a criminal conviction in Scotland you need to contact the Scottish Criminal Cases Review Commission at www.sccrc.co.uk/
General Information
The Criminal Cases Review Commission is the independent body set up to investigate miscarriages of criminal justice in England, Wales and Northern Ireland.
- Our Vision is to enhance public confidence in the criminal justice system, to give hope and bring justice to those wrongly convicted, and, based on our experience, to contribute to reform and improvements in the law.
- Our Values are independence, integrity, impartiality, professionalism, accountability and transparency.
- Our aims are to investigate cases as quickly as possible and with thoroughness and care. To work constructively with our stakeholders and to the highest standards of quality. To treat applicants with courtesy, respect and consideration. To promote public understanding of the Commission's role.
- Our purpose is to review possible miscarriages of justice in the criminal courts of England, Wales and Northern Ireland and to refer appropriate cases to the appeal court.
The Commission was created as a non-departmental public body (NDPB) by the Criminal Appeal Act 1995 (referred to hereafter as 'the Act'). It was established formally on 1 January 1997. From 31 March 1997, it assumed the responsibilities for reviewing miscarriages of criminal justice previously exercised by the Home Office and the Northern Ireland Office. There will always be at least 11 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Appointments to the Commission are made in accordance with the Office for the Commissioner for Public Appointments' Code of Practice. The Commission's powers extend to England, Wales and Northern Ireland. Its offices are located at Alpha Tower, Suffolk Street Queensway, Birmingham, B1 1TT.
The Commission's main functions under the Act are:
- To review alleged and suspected miscarriages of justice, and to refer a conviction, verdict, finding or sentence to the appropriate court of appeal when the Commission considers that there is a real possibility that it would not be upheld
- To investigate and report to the Court of Appeal on any matter referred to the Commission by the Court and
- To consider and report to the Secretary of State on any matter referred to the Commission arising from consideration of whether or not to recommend exercise of Her Majesty's prerogative of mercy in relation to a conviction.
The Commission's powers and responsibilities cover cases tried on indictment in the Crown Court, or summarily in magistrates' courts. It can obtain or preserve documents and other materials held by public bodies (the Act, section 17). It can require appointment of an Investigating Officer from another public body to carry out enquiries (section 19), or take any other steps that it considers appropriate to assist it in the exercise of its functions (section 21).
Information about the Commission
The Commission has various publications designed to give information about who we are, what we do and how to apply to us, including a downloadable application form. There are also publications offering guidance about Legal Aid, how to get legal representation and describing the CCRC's background and role in the criminal justice system.
Annual Report This document reports on the Commission's discharge of its duties during the financial year (1 April to 31 March), and is generally published in July and incorporates the Annual Statement of Accounts. Previous Annual Reports going back to the creation of the Commission in 1997 are also at this location on-line.
Management Statement The Commission publishes this document which describes its mission and objectives, the division of responsibilities between the Commission and the Ministry of Justice, and the Commission's accountability to Parliament through the Lord Chancellor and Secretary of State for Justice. (As at 31 December, 2008, the published Management Statement had not been amended to reflect the transfer of sponsorship responsibility for the CCRC from the Home Office to the Ministry of Justice.
Financial Memorandum This formal document is currently incorporated in the Management Statement and lays down the conditions for the payment of grant-in-aid by the Ministry of Justice to the Commission for the purpose of meeting the expenses incurred by the Commission in carrying out its functions under the Act.
Corporate Plan This document describes the statutory powers and responsibilities of the Commission, and sets out its Vision, Mission, Objectives and Goals on a three-year rolling basis.
Business Plan Details of how the Commission is to achieve the Objectives set out in its Corporate Plan, its priorities and resources, and its methods of monitoring progress, are given in the annual Business Plan and agreed by the Ministry of Justice.
Complaints Procedure The Commission is not subject to the jurisdiction of the Parliamentary Commissioner for Administration. It has implemented and published its own procedure for dealing with complaints.
Structure of the Commission
There are eleven Commissioners including one Chair. All are appointed by Her Majesty The Queen in accordance with the guidance issued by the Office of the Commissioner for Public Appointments.
Profiles of the current Chair and Commissioners can be seen at www.ccrc.gov.uk/about/about_29.htm
The day-to-day running of the Commission is the responsibility of the Directors - together they make up the Senior Management Team. At 31 December, 2008, the Directors were Mr Colin Albert, Principal Director and Director of Finance & IT (and Accounting Officer), and Ms Karen Kneller, Director of Casework.
Organisational diagrams showing the structure of the Commission and explanations of roles within the Commission can be seen at: www.ccrc.gov.uk/careers/careers_46.htm
Details of the number of staff in particular positions at the Commission are published each year in the Annual Report.
The Case Review Process
The Commission typicall handles around 1,000 applications a year from people who have been convicted of criminal offences in England, Wales and Northern Ireland. It reviews each eligible case and makes a decision on whether or not to refer the case to the relevant appeal court.
Details of the application process and a copy of the application form are available at www.ccrc.gov.uk/applying.htm or by telephoning the Commission on 0121 633 1800.
Help in understanding how our casework process works, what we can do for applicants, how we review cases and how we decide on whether or not to refer cases can be found at the Can we help? section of our website.
Material concerning the Commission's case review processes is publicly available. This includes details of the stages a case goes through and what procedures are followed in moving a case from one stage to another. This information is available in the on the website and in the Annual Report.
The Commission operates a system of Formal Memoranda that notify Commissioners and staff of the introduction of, or changes to, policy and procedures relating to casework.
Some of these Formal Memoranda detail procedures that must be followed if the subject arises in a particular case. An example is the Formal Memorandum that details the Complaints Procedure. Such memos are published at www.ccrc.gov.uk/publications/publications_355.htm
Other formal memoranda, providing guidance to caseworking staff, will not generally be published as they usually contain analysis and interpretation of other original material. This original material, such as Court of Appeal judgments, is available publicly though other sources such as individual Crown Courts or the Royal Courts of Justice in London. (http://www.courtservice.gov.uk/)
A case statistics section on the website is kept updated with the numbers of cases at the various stages of the Commission's processes as well as with the total number of applications received and the number of cases referred to courts of appeal.
A summary of each year's casework activity, including the number of applications and the results (where known) of referrals by the CCRC are published each year in the Annual Report.
Why material on individual cases cannot generally be made available
Requests for information regarding specific cases which the Commission has dealt with or is dealing with have been received in the past. The Criminal Appeal Act 1995 sections 23 - 25 prohibit the Commission disclosing information concerning individual cases except under very specific circumstances. This legislation means that the Commission has an absolute exemption from releasing this information under the Freedom of Information Act. Most case-specific information will therefore not be made available either through the publication scheme or as a result of a specific request made under the Freedom of Information Act.
The Commission does, however, publish a list of the cases referred to the appropriate Court of Appeal and the results of appeal hearings where available.
Human Resources
Providing expert staff is crucial to the Commission's success. This provision is achieved by a combination of recruitment, career planning, and training and development, within a supportive environment that encourages openness and independence. These elements of organisation and personnel policy are developed continuously to take into account the needs of individual staff and of the Commission.
The Commission has an Equal Opportunities policy and a Code of Conduct for staff and for Commissioners.
The website includes an overview of the Commission's recruitment and selection policies. The site will also carry a list of current job vacancies if and when there any. Any vacancies shown on the site will include the relevant job descriptions and person specifications and details of how to apply to the Commission.
Anyone interested in working at the Commission when there are no current vacancies shown should e-mail to hr@ccrc.gov.uk or write to:
Human Resources,
CCRC,
Alpha Tower,
Suffolk St Queensway,
Birmingham,
B1 1TT.
Human Resources Statistics
The Commission produces a number of statistics regarding its Human Resources operations, including the staff breakdown and details of remuneration for Commissioners and senior staff - an annual summary of these is produced in each Annual Report.
Facilities and IT
The Commission's from a single office in central Birmingham. Further details of the facilities of the Commission including its IT are included in the Annual Report.
Finance
The Commission's Annual Report includes the full, audited accounts of the Commission and is published annually.
Financial Memorandum: this document has been issued to the Commission by the Ministry of Justice, in agreement with the Treasury and sets out the conditions applying to payment of grant-in-aid by the Ministry to the Commission. It is reproduced in full in the Management Statement. (also see above).
Finance and Audit Committees meet regularly at the Commission. The statement on the system of internal control is included in the Annual Statement of Accounts contained each year in the Annual Report.
Freedom of Information
The Freedom of Information Act 2000 provides that from January 2005 anyone is entitled to request information not otherwise publicly available, apart from personal information which is subject to the provisions of the Data Protection Act.
On January 1, 2009, the Commission adopted the model publication scheme produced by the Information Commissioner's Office (ICO). This information guide has been designed, in accordance with the ICO's model publication scheme, to help people understand what published information is available from the Commission on its website and from other sources. Where possible the Commission has provided links within this guide to help locate the information being described. The Commission will not make a charge for the provision of information covered by the publication scheme.
The Commission will also respond to requests for any other information that is not covered by the publication scheme. In response to such requests, the Commission will: inform the applicant whether they hold the information; and communicate the information, unless the public interest in maintaining any exemption outweighs the public interest in disclosure.
The Commission will respond to requests within 20 working days of receipt. The Commission's Head of Communication is responsible for the overall management of the scheme and daily control, and requests for information should be addressed to:
Head of Communications,
Human Resources,
CCRC,
Alpha Tower,
Suffolk St Queensway,
Birmingham,B1 1TT.
Tel 0121 633 1800
Fax 0121 633 1823
Email mailto:infoa@ccrc.gov.uk
DX: 715466
Birmingham 41
All requests must be in writing, which can include email, and should provide as much detail as possible to enable the Commission to identify the information sought. If information is required in a particular way, this should be identified in the request. Information can be supplied in electronic formats compatible with MSWord 97, or on paper.
Assistance in a language other than English will be considered.
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