Criminal Cases Review Commission

Question

15:30:00

Asked by

To ask His Majesty’s Government what plans they have to reform the Criminal Cases Review Commission.

My Lords, it is essential that the public have confidence in the CCRC and its ability to investigate potential miscarriages of justice fairly and impartially. An interim chair is being appointed and the Lord Chancellor will ask them to conduct a review of the operation of the organisation. As part of its current review of criminal appeals, the Law Commission will be reporting on the role and function of the CCRC. The Government will carefully consider any recommendations put forward.

My Lords, does the Minister share the view of the chief executive of the CCRC, given to the House of Commons Justice Select Committee last week, that she thought it appropriate to come into the office only one or two days every couple of months? Does he agree that the CCRC needs real leadership? It needs an executive chairman with legal standing, full-time salaried commissioners, and higher quality and better paid caseworkers, and it needs to get rid of the predictive test for referring cases to the Court of Appeal. The CCRC is vital to the justice system of this country. It is in a state of complete collapse and it needs gripping by this Government.

As I said in my first Answer to the noble and learned Lord, the intention is to appoint an interim chair who will conduct a review of the way the CCRC is working, and that will be done in collaboration with the ongoing review by the Law Commission. I listened to the evidence that was given to the Select Committee last week. Clearly, how it chooses to conduct its affairs is a matter for the CCRC itself. A new interim chair is to be appointed, probably for a period of about 18 months; that, together with the Law Commission review, may result in changes at the CCRC.

My Lords, the CCRC is about people’s lives. There are currently 20 cases before it for the Post Office Capture victims—this was the system before Horizon. The last Government agreed to overturn the convictions of Horizon victims. On Capture, this Government have referred victims to the CCRC. Many of these are elderly people—these cases go back to the early 1990s. What more can be done to speed this up, because some of these people are going to die before they get justice?

The Ministry of Justice has increased the CCRC’s budget year on year since 2020-21. The budget for 2025-26 has been set at £10.1 million, which is an increase of 38% since 2021-22. We recognise the need for increased resource, a recommendation made by the report to which the noble and learned Lord, Lord Garnier, put his name. That report made other recommendations, which will be taken into account in the review that will be undertaken.

My Lords, someone who works for me may have been unjustly sent to prison well over 10 years ago. Is it not time that the entire commission is set aside and new people appointed, with everything done as a matter of some urgency?

The noble and learned Baroness is right to say that there is concern with the CCRC. The Lord Chancellor has recognised that and has put in place the framework, if I can put it like that, to consider change, which may be radical change—we wait to see. There certainly are concerns with the operation of that body.

My Lords, Andrew Malkinson served 17 years for a rape he did not commit. The CCRC is supposed to be the last hope for victims of miscarriages of justice; a safety net to ensure that wrongful convictions are examined with diligence. An independent review demonstrated that the CCRC carelessly missed several opportunities to overturn that conviction. In her recent evidence to the Commons Justice Committee, the chief executive demonstrated a complete lack of the required diligence. Is it not now time for her to go and to be replaced, as the noble and learned Lord, Lord Garnier, suggested, by a full-time, executive, highly qualified chair?

I absolutely recognise the point that the noble Lord made about Andrew Malkinson, who suffered a terrible miscarriage of justice. I understand there has been an interim payment made to him and that it is currently under consideration what the final award will be. My understanding is that the CCRC commissioned its own separate independent review into its handling of Malkinson’s issue and the applications, led by Chris Henley KC. The review, published in July 2024, set out multiple organisational and individual failings leading to that miscarriage of justice. That forms part of the overall review to which I have referred in earlier answers.

My Lords, following on from the sixth recommendation—recommendation F—of Chris Henley’s report of July of last year, what steps is the commission taking in particular to track and revisit unsuccessful forensic inquiries, including tests which do not produce profiles or produce only partial and incomplete profiles, which produce complete profiles that do not produce a match, or which produce developments in areas other than DNA? Is the commission now acting on advice from the national DNA database? I appreciate these are detailed questions. If the Minister cannot answer today, will he please write to me and place a copy in the Library?

I thank the noble Lord for the question. I think I am right in saying that there has been additional money put into the forensic side of the work done by the CCRC. If there is additional information which I need to impart to the House or to the noble Lord, I will put that in a letter.

My Lords, it is widely agreed that the CCRC has been failing, not just for a year but for decades. The Malkinson case demonstrated that, as he was rejected in 2009 and rejected in 2018. Is it not right that the first step to do something about the CCRC was taken by the Lord Chancellor, in forcing out the chair who failed to acknowledge the problems of the CCRC? My second question is this. There are urgent cases, as my noble friend has referred to. It is not just that case but, for example, the Lucy Letby case. What steps are the Government going to take to ensure that, while the review is going on, the public can have confidence in their dealing with those sorts of cases?

I thank my noble and learned friend. It was of course an independent board which was appointed by my right honourable friend the Lord Chancellor. She acted on the advice of the independent board, and the chair of that organisation stepped down. My noble and learned friend asked about the Lucy Letby case. That is a case which I understand is under active consideration, and it would not be appropriate for me to comment on it.