Unanswered Appeals: Reform of the Criminal Cases Review Commission

Miscarriages of Justice

Dame Vera Baird DBE KC was appointed interim chair of the Criminal Cases Review Commission (CCRC) in June 2025, stepping into a role fraught by years of public and parliamentary scrutiny. Her appointment followed extensive criticism from the Justice Committee and the Law Commission, which have both raised serious concerns about the CCRC’s ability to deliver timely and transparent investigations.

Criminal Cases Review Commission

The Criminal Cases Review Commission(CCRC) was established in 1997 under the Criminal Appeal Act 1995. The CCRC is a body funded by the Ministry of Justice and operates as a non-departmental public body, operating outside the courts.

It operates with a statutory duty to examine alleged miscarriages of justice in England, Wales, and Northern Ireland, and has the power to refer cases back to the Court of Appeal. Its’ primary responsibility is to assess any new evidence or legal argument that could raise a real possibility of quashing a conviction or reducing a sentence. As such, the CCRC exists as a final avenue of appeal for individuals who have been convicted of a criminal offence but have maintained their innocence throughout their case, and where a wrongful conviction – a miscarriage of justice – is suspected.

Increasing Scrutiny

In recent years, the CCRC has found itself under increasing public scrutiny.

The Commission’s reputation has come under intense critique for its failure to refer the case of Andrew Malkinson, who spent nearly two decades in prison despite mounting evidence of his innocence. At the same time, the Law Commission has been consulting on reforms to the criminal appeals process, explicitly questioning the scope and powers of the CCRC.

Yet it also earned praise for its role in uncovering the Post Office Horizon scandal, referring the cases of sub-postmasters back to the Court of Appeal, quashing one of the most widespread miscarriages of justice in the UK’s history. This act highlighted the potential power and essential role of the CCRC.

Consequently, the Commission has also come under increasing parliamentary scrutiny, both in the report published by the Justice Committee in May 2025, and through the Law Commissions’ consultation on reform of the criminal appeals process and the powers of the CCRC in particular.

Critique

In May 2025, the cross-party House of Commons Justice Committee published a stinging review of the CCRC’s leadership and performance during 2024–25. The report highlighted chronic delays in case reviews, an opaque decision-making process, and a persistent shortage of resources, all of which undermine the commission’s core mission of delivering justice.

The Law Commission’s consultation identified the CCRC’s “real possibility” threshold as vague and inconsistently applied across cases. It also pointed out that procedural hurdles effectively bar many applicants without legal expertise from presenting their claims fully. Finally, the commission’s limited powers to compel disclosure of potentially exculpatory evidence were deemed a significant obstacle to uncovering the truth.

The Justice Committee emphasised that an excessive backlog of cases leaves applicants waiting years for a decision, often prolonging the suffering of those already punished for crimes they did not commit. It criticised the lack of transparency in the commissioners’ reasoning, which prevents families and the public from understanding why strong claims are rejected. The report further noted an inconsistent use of expert witnesses and forensic specialists, despite the growing complexity of modern evidence.¹

Reform – Legal Aid

A major barrier to effective CCRC applications is the decline in publicly funded legal aid. Deep funding cuts have made it increasingly difficult for solicitors to undertake appeals and CCRC work², while many applicants struggle to secure the representation they need.³ In response, Lord Bellamy KC has recommended a comprehensive restructuring of fees for criminal appeals and CCRC casework. He argues that legal aid must prioritise cases in which innocence has been consistently maintained, ensuring funding is available for second-opinion advice and transcript procurement.

New appointment

Dame Vera Baird’s appointment as Interim Chair was made by His Majesty the King, on the Prime Minister’s recommendation and following advice from the Lord Chancellor. Observers hope that her leadership will drive the urgent structural reforms needed to restore the CCRC’s credibility, improve its speed and transparency, and deliver the timely relief that wrongfully convicted individuals deserve.

If you have an appeal and want advice on how to progress your case, please contact one of our criminal defence experts for an initial discussion. Call 0330 822 3451 or request a callback.