Criminal Case Review Commission: Wrongful Convictions and the Criminal Cases Review Commission (Oxford Monographs on Criminal Law and Justice) - Hardcover

Hoyle, Carolyn; Sato, Mai

Hardcover

ISBN 10: 0198794576 ISBN 13: 9780198794578

Publisher: OXFORD UNIV PR, 2019

Synopsis

This book reveals what happens to applications for post-conviction review when those in England, Wales, and Northern Ireland who believe they are wrongfully convicted apply to the Criminal Cases Review Commission, the only body that can refer a case back to the Court of Appeal once appellants opportunities for direct appeal are exhausted. While the Court is obliged to hear all such referrals, the Commission can only refer a case where it believes there is a real possibility that the Court will quash the conviction. The first empirical study of all stages of decision-making within the Commission, this book starts from the premise that the test applied by the Commission (the real possibility test) is not inflexible. Though created by statute and refined through case law, it must be determined on a case-by-case basis, drawing too on cultural and structural variables, alongside fresh evidence gathered by the Commission.

Through in-depth analysis of case files and interviews, Hoyle and Sato scrutinize the Commissions operational practices, its working rules and assumptions, considering how these influence its understanding of the real possibility test. Situating their rich empirical data within a framework of the Commissions social, organizational, and legal contexts, this book demonstrates that in its open-ended investigations there is considerable scope for discretion; for thorough exploration of all possible avenues or for choosing a more superficial consideration of a case. It emerges that while structured internal guidance, drawing heavily on Court jurisprudence, shapes decision-making, creating consistency in approach, there remains some variability across cases, over time, that can be accounted for by the different professional backgrounds and personalities of Commission staff.

About this title

Review:

This is an important book in a number of respects. In terms of thoroughness of analysis of the subject, it is hard to find a rival. ... This book is recommended reading for those primarily concerned with criminal appeals and miscarriages of justice. (Paul Dargue, International Journal of Clinical Legal Education)

This book about the Criminal Cases Review Commission (CCRC) is a treasure trove of information. Lawyers who represent applicants to the CCRC may find it especially of interest, offering insights that could help their work. (Michael Zander QC, LSE)

a major piece of research ... The book is a vital contribution in shining light on a watchdog that isnt widely understood and yet goes to the heart of the integrity of our justice system. (Jon Robins, New Law Journal)

About the Author:

Carolyn Hoyle is Professor of Criminology at the University of Oxford, and Fellow of Green Templeton College. She teaches and researches on the death penalty - in all jurisdictions - on wrongful convictions, and on other aspects of victimization. Mai Sato is Fellow at the School of Regulation and Global Governance, Australia National University

About this edition

• Publisher: OXFORD UNIV PR
• Publication date: 2019
• ISBN 10: 0198794576
• ISBN 13: 9780198794578
• Binding: Hardcover
• Number of pages: 406