HL Deb 12 January 2005 vol 668 cc63-4WA
Earl Howe

asked Her Majesty's Government:

Whether they consider it part of the function of the Criminal Cases Review Commission to investigate the following possibilities if brought to its attention in relation to a claim: (a) forensic evidence not presented at trial; (b) exculpatory evidence known about but not sufficiently highlighted at trial; (c) the creditability of confession evidence provided from a prison cell; (d) a mistaken direction by the trial judge; and (e) inconsistencies between evidence given at trial and evidence given at retrial. [HL599]

(a) Infantry personnel serving with the battalion (b) Battalion personnel serving outside their battalion Total [(a)+(b)]
Officer Soldier Officer Soldier Officer Soldier
GG 40 610 20 95 60 705
CG 40 620 30 120 70 740
SG 45 575 25 75 70 650
IG 30 485 30 95 60 580
1 RS 35 445 35 55 70 500
1 RHF 30 485 35 90 65 575
KOSB 30 460 40 70 70 530
BW 40 505 35 65 75 570
HLDRS 40 450 50 60 90 510
1 A and SH 35 450 35 80 70 530
1 PWRR 30 585 80 145 150 1240
2 PWRR 40 510
1 RRF 35 550 75 150 145 1195
2 RRF 35 495
1 RA 35 530 85 150 155 1195
2 RA 35 515
KOB 30 470 45 75 75 545
K 30 510 35 40 65 550
PWO 30 545 45 50 75 595
GH 30 480 35 85 65 565
QLR 30 535 35 85 65 620
DWR 30 485 45 140 75 625

Baroness Scotland of Asthal

The commission may refer a conviction, verdict or finding to a court of appeal if it considers that there is a real possibility that the conviction, verdict or finding would not be upheld if the reference were made. The commission is responsible under the Criminal Appeal Act 1995 for interpreting "real possibility", and will generally be looking for evidence not adduced, or arguments not raised, in the proceedings that led to the conviction, verdict or finding, or in any appeal or application for leave to appeal. In exceptional circumstances, the commission can refer a conviction in the absence of such evidence and arguments. The commission can only refer a sentence to a court of appeal if it considers that it would not be upheld because of an argument on a point of law, or information, not so raised.

In the exercise of its role to investigate miscarriages of justice, it would be part of the commission's function to investigate any of the possibilities to which the noble Earl refers.