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Procedures

Asking the Criminal Cases Review Commission to review a conviction (England & Wales)

The route for a person who has already appealed, or been refused leave, and has new argument or evidence.

Editorial — pending review
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Authority
Criminal Appeal Act 1995
Applies in
England & Wales
How do we know? Editorial — waiting to be checked by a qualified person.

Criminal Appeal Act 1995 published this. Editorial — waiting to be checked by a qualified person.

Source

Source
Criminal Appeal Act 1995
Licence
Editorial — cites public law

Version

Status
Active
Reviewed
Editorial — waiting to be checked by a qualified person.

Authority

Record type
Procedure
Domains
procedures, exoneration

Steps

  1. 1

    Appeal, or be refused leave to appeal, first

    A reference is ordinarily made only after an appeal has been determined or leave refused, unless there are exceptional circumstances.

    Who: The convicted person Criminal Appeal Act 1995 s.13(1)(c) and (2) ↗

  2. 2

    Apply to the Commission

    Who: The convicted person or a representative No authority linked yet

  3. 3

    The Commission investigates

    It may require public bodies to produce material.

    Who: Criminal Cases Review Commission Criminal Appeal Act 1995 s.17 ↗

  4. 4

    Decide whether there is a real possibility the conviction would not be upheld

    Because of argument or evidence not raised in the proceedings.

    Who: Criminal Cases Review Commission Criminal Appeal Act 1995 s.13(1)(a)–(b) ↗

  5. 5

    The Court of Appeal hears the reference as an appeal

    Who: Court of Appeal (Criminal Division) Criminal Appeal Act 1995 s.9 ↗

Where this comes from

Licence
Editorial — cites public law
Reviewed
Pending