On February 3rd the Criminal Cases Review Commission received an application from Lucy Letby’s lawyers claiming the former nurse is not, in fact, a baby-killer. The CCRC must now determine whether to refer her case to the Court of Appeal. It probably will. But she would be one of the very few. Of the 1,442 applications reviewed last year, 98% were denied referral.
The CCRC was established in 1997 to restore confidence in the judicial system. Wrongful convictions had racked up. The Guildford Four, Birmingham Six and Maguire Seven were found to be innocent of murder after many years in prison. As an independent body, the CCRC would “challenge and think differently”. It is mandated to ask if there is a “real possibility” that the Court of Appeal would overturn the conviction in light of fresh evidence or trial errors. If evidence has been presented at court—however poorly—it cannot be presented again.
Andrew Malkinson spent 17 years in prison for rape he did not commit. Twice the CCRC denied him referral, although forensics had been misinterpreted. Only when new DNA evidence emerged did the CCRC refer the case. His conviction was overturned.
Last year the CCRC’s chair resigned after a review of its handling of Mr Malkinson’s case argued it was “too cautious”. Now the CCRC is rudderless while handling more applications than ever, on a squeezed budget. ■
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