§ Lord Lester of Herne Hillasked Her Majesty's Government:
Whether the Criminal Cases Review Commission, in considering whether to refer a conviction to the Court of Appeal for reexamination, takes into account of whether a convicted person has received a fair trial in accordance with Article 6 of the European Convention on Human Rights. [HL1575]
§ Lords Bassam of BrightonThe Human Rights Act 1998 enjoins all public authorities, including the courts, to act in a way which is compatible with convention rights. The Criminal Cases Review Commission, in deciding whether or not to make a reference to the Court of Appeal, must have regard to whether there is a real possibility that the court would not uphold the conviction or sentence in question. As the court will therefore take into account the convention rights when deciding whether to quash a conviction or alter a sentence, the commission too must, and does, have regard to all the factors the court will consider.