The Weekly Law Reports
[2022] 4 WLR 8
Court of Appeal
Regina (Cleeland) v Criminal Cases Review Commission
[2022] EWCA Civ 5
2021 Dec 8; 2022 Jan 11
Underhill, Bean, Andrews LJJ
Court of Appeal (Civil Division)— Jurisdiction— Criminal cause or matter— Criminal Cases Review Commission declining to refer claimant’s conviction for murder to Court of Appeal(Criminal Division)— Claimant refused permission for judicial review— Whether refusal decision “in a criminal cause or matter”— Whether Court of Appeal (Civil Division) having jurisdiction to entertain permission to appeal refusal for judicial review of Commission’s decision—
Senior Courts Act 1981 (c 54), s 18(1)(a)
Crime— Court of Appeal (Criminal Division)— Criminal Cases Review Commission— Fresh evidence— Whether special principles applying where fresh evidence not extraneous to scientific evidence placed by the prosecution before the jury but undermining it— Whether Court of Appeal (Criminal Division) bound to quash the conviction unless took view that jury would “inevitably” have convicted