This book, now in paperback, focuses on the world's first publicly-funded body to review alleged miscarriages of justice, set up in the wake of notorious cases such as the Guildford Four and the Birmingham Six. Bringing together critical perspectives from campaigners, prominent criminal appeal practitioners and academic specialists, it centres on the different aspects of the CCRC's tasks, in particular, the limitations placed on it by its governing statute that hinder its claimed independence from the appeal courts and its working practices which prevents the referral of cases in which victims may be factually innocent. The book compares the CCRC with existing systems in Scotland, the US and Canada that deal with alleged wrongful convictions. Thoroughly undermining its operations, this study argues that the CCRC's help to innocent victims of wrongful conviction is merely incidental.
Arvustused
'Michael Naughton's timely and authoritative book comprehensively destroys the myth that the central mission of the CCRC is to correct wrongful convictions of the innocent.' Professor Mike McConville, The Chinese University of Hong Kong
'This is a timely and provocative volume, which draws attention to the limitations of Criminal Cases Review Commission and similar institutions. .. It ought to act as a useful antidote to any sense of complacency on the part of those responsible for rectifying such miscarriages.' - Professor Peter Duff, former member of the Scottish Criminal Cases Review Commission
'The CCRC is an extremely important experiment - a government institution dedicated to investigating miscarriages of justice - that jurists all across the world are following with profound interest. Michael Naughton's thorough and insightful book raises critical issues the CCRC must address, especially the apparent tendency to elevate concerns about procedure above the CCRC's core mission to find a best approximation of the truth and fairness in an individual's case." - Barry Scheck, Co-Founder and Co-Director of the Innocence Project, USA
'The Criminal Cases Review Commission: Hope for the Innocent? is a must read for any person with a serious interest in understanding what approaches may and may not work to help with overturning the conviction of innocent persons.'
- Hans Sherrer, Justice Denied blog
'The book presents a strong and passionate prosecution case against the CCRC.'
- Duncan Campbell, The Guardian
'The book may completely change the reader's perception of the CCRC via a thorough exploration of the entire organisation, its history, objectives and apparent failings. [ ...] Overall, the book provides a significant insight into the work of the CCRC.' - The Howard Journal
| Acknowledgements |
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ix | |
| Notes on the Contributors |
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x | |
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xv | |
| Foreword |
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xvi | |
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| Foreword |
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xviii | |
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| Foreword |
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xxi | |
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xxiii | |
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xxv | |
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1 | (16) |
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2 The Importance of Innocence for the Criminal Justice System |
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17 | (24) |
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Part II Voluntary Sector Perspectives |
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3 Thoughts from a Victim Support Worker |
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41 | (5) |
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4 Challenging the Refusal to Investigate Evidence Neglected by Trial Lawyers |
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46 | (13) |
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5 The Failure to Live Up to its Stated Values? The Case of Michael Attwooll and John Roden |
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59 | (18) |
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6 The Failure of the Review of the Possible Wrongful Convictions Caused by Michael Heath |
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77 | (20) |
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Part III Practitioner Perspectives |
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7 Historical Abuse Cases: Why They Expose the Inadequacy of the Real Possibility Test |
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97 | (10) |
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8 Only the Freshest Will Do |
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107 | (11) |
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9 Applicant Solicitors: Friends or Foes? |
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118 | (16) |
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10 The Inadequacy of Legal Aid |
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134 | (17) |
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Part IV Academic Perspectives |
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11 After Ten Years: An Investment in Justice? |
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151 | (15) |
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12 Real Possibility or Fat Chance? |
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166 | (12) |
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13 Press and Release: UK News Coverage of the CCRC since 1996 |
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178 | (13) |
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14 The CCRC as an Option for Canada: Forwards or Backwards? |
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191 | (14) |
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15 A View from the United States |
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205 | (16) |
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221 | (8) |
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| References |
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229 | (11) |
| Index |
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240 | |
STEVEN BIRD established Bird& Co. solicitors in October 2000. He specialises in serious criminal cases and deals with potential miscarriages of justice and other matters in the Court of Appeal (Criminal Division) or by way of application to the Criminal Cases Review Commission.
KATHRYN CAMPBELL is Associate Professor in the Department of Criminology at the University of Ottawa, Ontario, Canada
DENNIS EADY is the Campaign Officer for South Wales Against Wrongful Convictions, a derivative of South Wales Liberty (SWL).
ANDREW GREEN is the co-founder of United Against Injustice (UAI), a federal organisation of miscarriage of justice victim-support groups
HAZEL KIERLE is a legal assistant in criminal and civil cases. She is the Director of Miscarriages of Justice Organisation (MOJO), (England and Wales), a human-rights-based organisation
KEVIN KERRIGAN is Reader and Associate Dean at the School of Law, Northumbria University, UK
GLYN MADDOCKS is a Partner and the Head of the Civil Litigation Department of Gabb& Co., UK. He specialises in all aspects of civil litigation including and in particular, personal injury, clinical negligence, public law and judicial review
CAMPBELL MALONE is a Partner of Stephenson's law firm, UK, with an extensive experience in challenging miscarriages of justice
PAUL MASON is Director of Postgraduate Research in the School for Journalism, Media and Cultural Studies (JOMEC) at Cardiff University, UK
MARK NEWBYis a Solicitor and the Director of the Historical Abuse Appeal Panel (HAAP)
RICHARD NOBLES is Professor in Law at Queen Mary, University of London, UK
ROBERT SCHEHR is Professor of Criminal Justice in Northern Arizona University
DAVID SCHIFF is Professor in Law at Queen Mary, University of London, UK
SATISH SEKAR is a freelance journalist in the UK specialising in criminal justice issues, racism and miscarriages of justice
GABE TAN is the Database Manager and Research Officer of the Innocence Network UK (INUK)
CLIVE WALKER is Professor of Criminal Justice Studies and former Dean of the School of Law at the University of Leeds, UK
