§ Mr. Heddleasked the Secretary of State for the Home Department if he will set out his duties in considering cases for reference to the Court of Appeal; what criteria he takes into account; and whether such reference forms part of the process of trial and appeal.
§ Mr. MayhewMy right hon. Friend is empowered by section 17 of the Criminal Appeal Act 1968 to refer the case of any person convicted on indictment to the Court of Appeal. He is prepared to consider any request for the exercise of that power, but he will normally refer a case only if there is new and significant evidence which has not been considered by a court and if there is substantial reason for believing that the new evidence might, if considered earlier, have affected the outcome of the case.
A request for a reference may be made at any time, and even in a case which the Court of Appeal has considered before and in which no further appeal would otherwise be possible. Upon reference of a case to the Court of Appeal, the case is treated for all purposes as an appeal to the court.