Criminal Appeals Bulletin

Tel: 020 7404 1313
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London, WC1N 2LS
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Issue 4 | November 2016

Paul Taylor

Welcome

Welcome to the November edition of our Criminal Appeals Bulletin.

The Bulletin aims to highlight recent changes in case law and procedure, and to provide practical guidance to those advising on appellate matters. Where possible we have hyperlinked the authorities in the articles to the full judgements on BAILLI or HUDOC.

The articles are wide ranging and are written by expert counsel with specialist appellate experience. In this edition James Wood QC considers the consequences of Johnson and others - the CACD's first post Jogee decision, David Bentley QC looks at the opportunities for challenging forensic expert evidence on appeal, Siobhan Grey QC analyses the progress of the unfitness to plead doctrine, Joel Bennathan QC and Katy Thorne comment on the CACD's approach to non-disclosure at trial, Daniella Waddoup looks at compensation for miscarriages of justice and Paul Taylor reviews a creative attempt to have a second appeal without the need to go to the CCRC.

All of those barristers are members of our Criminal Appeals Unit which houses some of the country's leading advisers on mounting successful challenges to convictions and sentences. Our barristers have appeared in some of the significant miscarriage of justice cases over the last 25 years, written two of the leading practitioner textbooks and the appeals section in Halsbury's Laws, and acted not only in domestic appeals to the Court of Appeal and Supreme Court, but have also drafted submissions to the CCRC, appeared in appeals to the Privy Council in cases from overseas, and argued appeals in Hong Kong, Northern Ireland, the European Court of Human Rights, and elsewhere. We can offer advice and representation in all appellate matters from the magistrates courts upwards.

We also offer our instructing solicitors a free Advice Line, where they can discuss initial ideas about possible appeals, at no cost to them or their client. More information on our services can be found on our website.

We hope that the articles are of interest to you.

Paul Taylor

Head of the DSC Criminal Appeals Unit

In this issue

Welcome

The fruits of Jogee?

Challenging convictions based on “Junk science”: a broadside from across the pond

Appealing twice: Is there a need for the CCRC?

Compensation for miscarriages of justice and the presumption of innocence

The Court of Appeal, the Law Commission and Unfitness to Plead - Is the Pritchard Test Fit For Purpose?

Non-Disclosure of police misconduct as a ground of appeal

If you would like to know more, or discuss how our barristers may be able to help you and your clients, please contact Maurice MacSweeney, our Business Development Director, on 020 7404 1313.

Useful links

Feature Articles

James Wood QC, the leader of Doughty Street Crime Team, who appeared for Tyler Burton in the combined appeals in the case of Johnson and others where the Court of Appeal dealt with a series of joint enterprise cases arising from the Supreme Court decision of Jogee. He concludes the Court of Appeal will have dashed the hopes of campaigners who had felt that the Supreme Court’s decision in Jogee would lead to a widespread reconsideration of past murder convictions on grounds that the historic “wrong turn” in the law of joint enterprise, and that it would lead to the release of many and the reconsideration of many cases long regarded as miscarriages of justice. He draws some threads together from the judgment, and sets out what it will now be necessary to show in order to win historic joint enterprise appeals in the future.

Challenging convictions based on “Junk science”: a broadside from across the pond

David Bentley QC looks to America for sources to challenge convictions in the CACD based on DNA, footwear and bitemark evidence.

Appealing twice: Is there a need for the CCRC?

Following the Supreme Court in Jogee and Ruddock, an attempt was made in Northern Ireland to bypass the CCRC and seek to re-open unsuccessful old appeals. Paul Taylor considers the NICA’s response to these creative applications, and the correct venue for such challenges.

Compensation for miscarriages of justice and the presumption of innocence

Exonerated victims of miscarriages of justice will often look to the State to compensate him/her for the effects of the wrongful incarceration. The circumstances in such compensation will be available have been dramatically reduced. The Supreme Court, Parliament and most recently the Court of Appeal (Civil Division) in R (Hallam and Nealon) v Secretary of State for Justice [2016] EWCA Civ 335 have all played a role in seeking to define when it will be available. Daniella Waddoup reviews the current legal position.

The Court of Appeal, the Law Commission and Unfitness to Plead - Is the Pritchard Test Fit For Purpose?

Siobhan Grey QC analyses the state of the law on unfitness to plead, both from the current Court of Appeal perspective and the changes proposed by the Law Commission.

Non-Disclosure of police misconduct as a ground of appeal

Non-disclosure by the Crown has resulted in miscarriages of justice. Joel Bennathan QC and Katy Thorne look at the recent case of McGuffie and the impact of non-disclosure both on the appeal and the retrial.

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