JUSTICE Responds to Law Commission Consultation on Criminal Appeals
In June 2025, JUSTICE submitted its response to the Law Commission’s consultation on criminal appeals.
The consultation seeks to reform the criminal appeals system to better prevent and remedy miscarriages of justice. JUSTICE has long advocated for a fairer, more transparent system that prioritises the integrity of justice over institutional defensiveness.
JUSTICE welcomes a number of the Law Commission’s proposals and makes a series of recommendations to ensure the appeals system is accessible, effective, and capable of correcting wrongful convictions.
JUSTICE recommends the following key reforms:
Reframing the principles of criminal appeals.
JUSTICE supports the Law Commission’s proposed principles but calls for a stronger emphasis on preventing miscarriages of justice and ensuring that finality never outweighs fairness. The ability to correct errors must be central to a just system.
Protecting the right to appeal without punishment.
The threat of harsher sentences for those who appeal deters meritorious claims. JUSTICE supports the “no greater penalty” principle and recommends removing the Court of Appeal’s power to impose “loss of time” directions, which can unfairly penalise appellants.
Resentencing for IPP prisoners.
JUSTICE calls for urgent legislation to resentence all individuals serving Imprisonment for Public Protection (IPP) sentences. The IPP regime has been widely condemned as unjust, inhumane, and irredeemably flawed.
Reforming the Criminal Cases Review Commission (CCRC).
JUSTICE supports replacing the current “real possibility” test with a fairer, non-predictive standard. The CCRC should focus on identifying potential miscarriages of justice, not second-guessing the Court of Appeal. JUSTICE also recommends removing the CCRC’s discretion not to refer eligible cases.
Extending evidence retention periods.
JUSTICE urges longer retention of evidence, particularly in serious cases. Many wrongful convictions have only been overturned due to the availability of retained evidence years after trial.
Overhauling the compensation scheme.
JUSTICE proposes a new test for compensation that respects the presumption of innocence and removes the burden of proof from exonerees. Compensation should be available whether a conviction is quashed in or out of time, and decisions should be made by an independent body.
Providing support for exonerees.
JUSTICE reiterates its call for a national support scheme for those wrongly convicted. This includes access to housing, mental health services, and practical assistance to rebuild their lives.
Addressing racial bias.
JUSTICE highlights the disproportionate impact of joint enterprise prosecutions on Black and racially minoritised individuals. It calls for increased scrutiny of racially biased narratives and greater scope for bringing appeals on the ground of racial bias at trial.
Limiting the use of identification and recognition evidence
Identification and recognition evidence can often be unreliable and can lead to miscarriages of justice. JUSTICE proposes limiting the use of such evidence so that prosecutions can only be based on them in exceptional circumstances.
Improving legal aid and access to justice.
JUSTICE stresses the need for adequate legal aid funding to ensure fair trials and prevent miscarriages of justice.
Ensuring accountability through inquiries.
JUSTICE supports automatic inquiries following proven miscarriages of justice to identify systemic failures and prevent recurrence. These inquiries must be independent, transparent, and followed by meaningful reform.
Please click here to read JUSTICE’s submission.
JUSTICE’s response builds on over four decades of work on miscarriages of justice and criminal appeals. This includes landmark reports such as Compensation for Wrongful Imprisonment (1982), Miscarriage of Justice (1989), Remedying Miscarriages of Justice (1994), Righting Miscarriages of Justice? Ten years of the Criminal Cases Review Commission (2008), and Supporting Exonerees: Ensuring Accessible, Continuing and Consistent Support (2018).