Criminal Cases Review Commission

Debate between Damian Collins and Laura Farris

Tuesday 12th March 2024 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Laura Farris)]

It is a pleasure to serve under your chairmanship for, I think, the first time, Mr Henderson. I thank my hon. Friend the Member for Folkestone and Hythe (Damian Collins) for securing this debate.

Miscarriages of justice have unbelievable consequences for everybody involved, and they undermine public confidence in our justice system. Since its inception in 1997, the Criminal Cases Review Commission has referred 836 cases, or roughly one every eight working days, of which 571 have resulted in a quashed conviction. Each one represents a conviction that would have stood if it were not for the diligent efforts of CCRC commissioners and staff.

Recognising the importance of an independent body to investigate potential miscarriages of justice, the Ministry of Justice has ensured that the CCRC has the funding that it requires to carry out its work. That is why, since 2021-22, its budget has increased by 18% to support increasing demand and enable the commission to meet its key performance indicators. Importantly, that has also enabled the CCRC to carry out more outreach to promote its services and ensure that justice prevails.

Like everyone in this room, I am only too aware that the CCRC has attracted particular scrutiny over its handling of some recent cases in which its decision making has been questioned and challenged, along with the way it has responded to new evidence. Although my Department works closely with the CCRC to monitor its performance, its decisions are independent of the Government. It applies to each case a test set by Parliament: that there must be a real possibility that the conviction verdict, finding or sentence would not be upheld if the reference were to be made.

I cannot stand here today without acknowledging the terrible miscarriage of justice suffered by Andrew Malkinson. My hon. Friend will be aware that the Lord Chancellor has tasked Her Honour Judge Sarah Munro KC with investigating the conduct of Greater Manchester police, the Crown Prosecution Service and the CCRC, and with providing the answers that Mr Malkinson deserves. When that inquiry reports, my Department will take its recommendations extremely seriously.

[Damian Collins]

In that case, there is also an acknowledgment of the wider implications of the miscarriage of justice. In the case of Mr Cleeland, he could have been wrongly convicted on the basis of flawed forensic evidence. That evidence was presented by a Mr McCafferty, who gave evidence in many, many cases in the 1960s and 1970s, so there could be other miscarriages of justice that may need to be considered as well.

If you will give me some latitude, Mr Henderson, I would like to raise one point that was subsequently discovered, but was not known about at the time that Mr Cleeland went to the Court of Appeal: CCRC raised concerns with the Forensic Science Service about the safety of the evidence presented by Mr McCafferty. That was in 2000, but Mr Cleeland was not informed of it at the time that the Court of Appeal heard his case again. I urge—I will put this in my letter—that any papers still held by public bodies relating to Mr Cleeland’s case that have not yet been released be made available to him.

[Laura Farris]

My hon. Friend is quite correct that Mr Malkinson’s case turned on the presentation of the new forensic evidence, and the issue is when that was known and whether it was adequately dealt with at the time that it was brought to the CCRC’s attention.

I turn now to Mr Cleeland’s case, which I think my hon. Friend has raised in Parliament on more than one occasion. His submissions this afternoon have focused principally on new forensic evidence; he also raised issues around circumstantial evidence, motive and eyewitness and expert evidence. It is obviously not for me to draw any conclusions about all those, but I reiterate that I have noted all my hon. Friend’s points. I hope he understands that I cannot comment or intervene in Mr Cleeland’s case, but what I can say is that I know that Mr Cleeland has made multiple attempts to overturn his conviction and has had his case reviewed by the CCRC before. That is not a final point; I am simply putting it on the record.

I have carefully noted what my hon. Friend said about the evidence that has come to light since the Court of Appeal reached its conclusions in 2002. I reiterate what the CCRC has said to Mr Cleeland: he is entitled to apply again through a lawyer if fresh evidence or information has emerged. This approach aligns with the CCRC’s practice of accepting multiple applications from individuals, provided that they present new evidence or information to be assessed against the “real possibility” test.

I acknowledge the list of requests that my hon. Friend has made today. He has asked that an acknowledgment of mistakes be prepared, that the Law Commission be invited to include consideration in Mr Cleeland’s case in its forthcoming review, and that the CCRC correct the record. Obviously I can provide him with no undertakings on any of those points, other than that I will raise these matters with the Lord Chancellor for further consideration.

[Damian Collins]

My hon. Friend makes a very important point. If the CCRC would acknowledge that in some of its deliberations it has made factual errors or drawn wrong assumptions on the evidence presented, it might then allow Mr Cleeland to apply again based on an acknowledgment of those errors. We are now in a position where the CCRC has not acknowledged that and is therefore refusing to consider new appeals on the basis that it has already considered the evidence that Mr Cleeland has brought. His contention is that it has not properly considered that evidence and that in its findings it seems to be making the same mistakes.

[Laura Farris]

I reassure my hon. Friend that I understand his point, and I will take advice from my officials. First, I will raise the matter with the Lord Chancellor; I told him in advance of this debate that I would do so. Secondly, I will have to check with my officials but, if appropriate, perhaps we can raise the case with the CCRC on my hon. Friend’s behalf.

Based on the statutory tests set by Parliament, the CCRC is fulfilling the role that it was set up to do. Although I cannot comment on how the CCRC applies the real possibility test, I have listened carefully to my hon. Friend’s arguments, and I am confident that it adopts a professional, impartial and objective approach in deciding whether the relevant test has been met in each case.

[Damian Collins]

I have one final intervention, and I am grateful to the Minister for taking it. In the piece of work that it is doing, the Law Commission itself acknowledges that Mr Cleeland has also sought to challenge the CCRC’s rulings through divisional courts and has failed there. However, it was subsequently determined that those appeals were not a criminal matter but one that should be considered by a civil court, and they were instead referred not to divisional courts but the civil court of the Court of Appeal. That set a new precedent and overturned previous cases, so there is now a question about the safety of some of the other cases heard by divisional courts. It has subsequently been determined that they were not the appropriate courts to consider Mr Cleeland’s case, yet his appeals to those courts have been counted against him in the charge that he is a vexatious litigant. There should be some acknowledgment that he was making his appeal to the wrong court. The ruling has subsequently changed, and he should never have been being considered by those courts in the first place.

[Laura Farris]

I thank my hon. Friend for making that point. That is an irregularity that I have not come across before, so I will escalate that point.

I thank the hon. Member for Huddersfield (Mr Sheerman) for representing the all-party parliamentary group on miscarriages of justice. It is important that work like this happens in Parliament. These should not just be constituency cases; they need wider ventilation, particularly with the assistance of the Chair of the Justice Committee, my hon. Friend the Member for Bromley and Chislehurst (Sir Robert Neill). The all-party group is an important organisation and I am glad that it exists in Parliament.

The Lord Chancellor has asked the Law Commission to conduct a wide-ranging independent review of the appeals system to ensure that the courts have the right powers to enable the effective, efficient and appropriate resolution of appeals. I have listened carefully with respect to the irregularity that my hon. Friend the Member for Folkestone and Hythe has identified, and we will take it up further. I thank him for securing the debate and for drawing this important case to our attention.

Question put and agreed to.