R (Cleeland) v Criminal Cases Review Commission

Subject Matter

JUDICIAL REVIEW — Appeal — Criminal conviction

[2021] EWHC 1788 (Admin), QBD

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)

[2022] EWCA Civ 5; [2022] 4 WLR 8; [2022] 4 All ER 550; [2022] WLR(D) 18; The Times, 15 February 2022, CA

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

[2022] EWCA Civ 5; [2022] 4 WLR 8; [2022] 4 All ER 550; [2022] WLR(D) 18; The Times, 15 February 2022, CA

Appellate History