909853
Description
Mind Map by chloe.elliff, updated more than 1 year ago
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Created by chloe.elliff
over 10 years ago
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Criminal Case Review Commission
- in place to punish on
behalf of the crown those
who commit crimes
- ultimately instil public confidence that law and
order is being maintained and to act as a
deterrent to those who may commit crimes
- ultimately instil public confidence that law and
order is being maintained and to act as a
deterrent to those who may commit crimes
- when the case comes to court, the judge or jury has
been proven beyond reasonable doubt; and the
responsibility to convince a judge or jury of this
- burden of proof lies with the prosecution in most cases
- because there is the presumption of innocence, and every suspect is innocent until proven guilty.
- Under a6 ECHR, every person has the right to a fair trial and it’s important that all procedural rules are
adhered to; there could be a miscarriage of justice
- Under a6 ECHR, every person has the right to a fair trial and it’s important that all procedural rules are
adhered to; there could be a miscarriage of justice
- because there is the presumption of innocence, and every suspect is innocent until proven guilty.
- burden of proof lies with the prosecution in most cases
- set up to investigate possible miscarriages of
justice; which has led to innocent people
being imprisoned
- e.g. Birmingham 6
- only way case reinvestigated to let people innocent go
- e.g. Sion Jenkins
- e.g. Sion Jenkins
- only way case reinvestigated to let people innocent go
- e.g. Birmingham 6
- do not have the power to overturn a conviction, they can just
send it back to the Court of Appeal or demand it to be
reinvestigated by the police
- CCRC is an independent body that cannot be influenced by any other criminal justice system
- CCRC is an independent body that cannot be influenced by any other criminal justice system
- One of the first cases that were reinvestigated was the case of Derek Bentley; who was
unfortunately hung before finding he was innocent. Thus he did not receive justice.
- To provide a better system for possible miscarriages of justice they are appointed by the Queen
- One third is legally qualified and the other two thirds have had
relevant experience in the Criminal Justice System
- One third is legally qualified and the other two thirds have had
relevant experience in the Criminal Justice System
- The CCRC have been quite successful as
they’ve quashed over 300 cases.
- Although, the appeal court is not actually on official
court; thus their release is not guaranteed
- Although, the appeal court is not actually on official
court; thus their release is not guaranteed
- Anyone can complain to the CCRC including the defendant or family
- However, there are a lot of cases to be reinvestigated
- Their statistics mark a “successful” outcome of anything with a positive result, reduced sentence
- Their statistics mark a “successful” outcome of anything with a positive result, reduced sentence
- However, there are a lot of cases to be reinvestigated
- There will always be miscarriages of justice but the only way
to get a successful outcome is to investigate the miscarriage
- They’ve been rather successful and have been able to release
innocent people or could have such as, Derek Bentley and Sion Jenkins
- They’ve been rather successful and have been able to release
innocent people or could have such as, Derek Bentley and Sion Jenkins
- STRENGTHS
- CCRC is very accessible; the defendant, their family and even the
court itself can apply to the CCRC for the case to be considered
- CCRC gives the defendant an ‘extra’ opportunity to
challenge the criminal justice system
- CCRC has been seen to highlight very high profile
miscarriages of justice – Derek Bentley
- CCRC is very accessible; the defendant, their family and even the
court itself can apply to the CCRC for the case to be considered
- WEAKNESSES
- CCRC is not an appeal court, and therefore does not have
the power to overturn an appeal or quash a conviction
- Has been evidence to suggest that the CCRC has a severe backlog of cases –
January 2011 there were 273 cases that were still waiting consideration
- CCRC will often send the case back to the police for investigation.
This questions the independence of the commission, since the police
can often be the cause of the miscarriage of justice
- CCRC is not an appeal court, and therefore does not have
the power to overturn an appeal or quash a conviction
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