This item first appeared on the FACT website on the 24th February 2005
Despite the very good work undertaken by the Criminal Cases Review Commission (CCRC) most independent observers accept that its hands are tied by the stautory requirement that they can only refer cases to the Court of Appeal if there is a 'real possibility' that the case will be overturned. A fairer test would be that referrals should be made when there is an 'arguable case that there is a miscarriage of justice'
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