# Post-Conviction Remedies for Wrongful Conviction in English Law
## Introduction
The English and Welsh legal system, while striving for justice, acknowledges that wrongful convictions can occur. A conviction for a serious offence like murder, based on perjured testimony procured through threats, represents a significant miscarriage of justice. This essay will explore the statutory mechanisms available to challenge such a conviction after the trial has concluded. The primary routes for an individual who maintains their innocence in these circumstances are an appeal to the Court of Appeal (Criminal Division) and, if that is unsuccessful, an application to the Criminal Cases Review Commission (CCRC). These pathways provide a structured process through which the safety of a conviction can be reassessed, potentially leading to an innocent person being exonerated.
## The Court of Appeal (Criminal Division)
The main avenue to challenge a conviction is by seeking leave to appeal to the Court of Appeal. The court’s powers are primarily governed by the **Criminal Appeal Act 1968**. An appeal against conviction is generally based on the argument that the conviction is ‘unsafe’. Section 2(1) of the 1968 Act provides that the Court of Appeal shall allow an appeal against conviction if they think that the conviction is unsafe.
In a scenario where witnesses were threatened to implicate the accused, this could form the basis of an appeal. If evidence of these threats, or a witness’s subsequent confession that they lied, emerges after the trial, this can be presented as ‘fresh evidence’. The Court of Appeal has the power under section 23 of the Criminal Appeal Act 1968 to admit new evidence if it is capable of belief and would afford a ground for allowing the appeal. If the court accepts that the original testimony was false and that the new evidence undermines the basis of the jury’s verdict, it may conclude that the conviction is unsafe and quash it. However, the court will also consider why this evidence was not presented at the original trial (Ashman, 2017). If the threats effectively prevented the truth from emerging, this would likely be a reasonable explanation.
## The Criminal Cases Review Commission (CCRC)
If an appeal has been unsuccessful or leave to appeal has been refused, the case is not necessarily closed. The **Criminal Appeal Act 1995** established the Criminal Cases Review Commission (CCRC), an independent body with the power to investigate suspected miscarriages of justice. An individual who has exhausted the normal appeal process can apply to the CCRC.
The CCRC has significant investigative powers under section 17 of the 1995 Act, which allows it to obtain documents from public bodies like the police and Crown Prosecution Service. This could be crucial in uncovering evidence of witness intimidation that was not disclosed during the trial.
The test for the CCRC to refer a case back to the Court of Appeal is found in section 13 of the 1995 Act. The CCRC must believe there is a ‘real possibility’ that the Court of Appeal will not uphold the conviction. This test is met if there is new evidence or a new legal argument that was not raised at the time of the trial or appeal. In the scenario described, evidence that key testimony was fabricated due to threats would almost certainly constitute grounds for a ‘real possibility’ of the conviction being overturned, prompting a CCRC referral (CCRC, n.d.). Offences such as perverting the course of justice or witness intimidation, committed by those who procured the false evidence, would strengthen the application.
## Conclusion
In conclusion, the law of England and Wales provides statutory routes to remedy a wrongful conviction for murder. An innocent person is not left without hope. The primary mechanisms are an appeal to the Court of Appeal under the Criminal Appeal Act 1968, particularly where fresh evidence emerges that renders the conviction unsafe, and an application to the Criminal Cases Review Commission under the Criminal Appeal Act 1995. The CCRC acts as a critical safety net, with powers to investigate and refer cases where a ‘real possibility’ of a miscarriage of justice exists. The scenario of a conviction based on evidence obtained through threats is precisely the kind of case these post-conviction processes are designed to address, providing a statutory pathway to potentially “free an innocent man.”
## References
- Ashman, K. (2017) Standing up for justice: the Criminal Cases Review Commission. The Law Society Gazette.
- Criminal Cases Review Commission (CCRC). (n.d.). Can you apply?. CCRC.
- Herring, J. (2022) Criminal law: text, cases, and materials. 10th edn. Oxford University Press.
- Criminal Appeal Act 1968. (c. 19).
- Criminal Appeal Act 1995. (c. 35).
