Criminal Cases Review Commission

Edward Argar Excerpts

Wednesday 17th July 2019 Westminster Hall

[The Parliamentary Under-Secretary of State for Justice (Edward Argar)]

It is a pleasure to serve under your chairmanship, Sir George. I congratulate the hon. Member for Ipswich (Sandy Martin) on securing this debate on the decision-making powers of the Criminal Cases Review Commission—which, like him, I will refer to in my remarks as the CCRC, for brevity’s sake.

I also thank the hon. Gentleman for setting out Oliver Campbell’s situation. I know that the hon. Gentleman is a forceful champion for his constituent, and indeed for his constituency, and I pay tribute to him for that, just as I do to the hon. Member for Huddersfield (Mr Sheerman) for his commitment and dedication to the issue. I must be a little bit careful when paying tribute—a reshuffle looms, so I am not sure whether paying such fulsome tribute to Opposition Members will help or hinder my career prospects. However, the work they have done is truly impressive and important. Although I am sure the hon. Member for Ipswich appreciates that it would not be appropriate for me to discuss an individual case on the Floor of the House, I welcome the opportunity to discuss the broader issue. I am of course happy to discuss his constituent’s case with him outside the Chamber, should the hon. Gentleman feel that would be helpful.

As the hon. Member for Ipswich has set out, the independent CCRC plays a vital and valuable role in maintaining confidence in the criminal justice system. In addition to my tributes to Members present in this Chamber, I pay tribute to the commitment of the CCRC commissioners and staff, and to their work in investigating potential miscarriages of justice. I am sure all Members, both in this Chamber and beyond, share my view that miscarriages of justice are a blight on our criminal justice system; have a devastating impact on all those involved; and can cause people to question that justice system, which we must seek to avoid at all costs.

Since the establishment of the CCRC in 1997, my understanding is that 441 referrals from the commission have succeeded in the courts—I raise the hon. Gentleman by four. Those referrals have resulted in overturned convictions or amended sentences.

[Mr Sheerman]

The Minister has always been very supportive and listened carefully to everything we have been campaigning on, which I appreciate. Some of us went to visit the commission in Birmingham, and we got the impression that it was under-resourced; that it cannot get investigators because it is right out on a limb in Birmingham and should be closer to the centre of legal affairs in our country, here in London; and that very often the commissioners are part time and work from home. Does the Minister think there is a bit of a problem there?

[Edward Argar]

I am grateful to the hon. Gentleman. I suspect that some of his colleagues who represent Birmingham seats might slightly take issue with his suggestion that the city is out on a limb. We believe that the approach adopted by commissioners allows for flexibility and the most effective management of case loads, and I will move on to the tailored review shortly. From my discussions with the new chair of the commission, my understanding is that she felt that the resourcing was adequate and appropriate, but that changes are needed to reflect the findings of the tailored review. I will touch on that in a moment, subject to time.

The CCRC is, as the hon. Member for Ipswich alluded to, the world’s first statutory, publicly funded body charged with the task of reviewing alleged miscarriages of justice. The law provides that the commission can refer cases to an appeal court only when it considers that there is a real possibility that the conviction, verdict, finding or sentence would not be upheld were the referral to be made. The hon. Gentleman and his hon. Friend, the hon. Member for Huddersfield, have set out concerns about the real possibility test and whether it affects the rate at which the commission refers cases to the appeal courts.

The hon. Member for Ipswich asked whether the rate of convictions quashed suggests that a large number of the cases that have not been sent to the Court of Appeal might also have led to the convictions being overturned. Those concerns have been aired before and were considered by the Justice Committee in its report on the CCRC published in March 2015. The Committee considered whether a declining rate of referrals was due to the real possibility test itself, the CCRC’s application of it or the Court of Appeal’s approach to appeals. It found no conclusive evidence of the CCRC failing to apply the test correctly.

We do not feel that it would be appropriate to alter the test simply to demonstrate the independence of the CCRC. Doing so would by definition risk allowing referrals where there was less than a real possibility of a conviction or sentence being overturned. The Committee accepted that the application of the test is a difficult task and is by no means a precise science, but it considered that the CCRC should be willing to err on the side of making a referral where potential miscarriages of justice are concerned. I am assured that is the approach the CCRC adopts, and there must be a realistic chance of success.

Both hon. Gentlemen referred to the work of the recently established commission. I will make two comments on that. First, I fairly regularly meet the hon. Member for Huddersfield, and if the hon. Member for Ipswich would like to join those discussions of the broader issues, as well as meeting to discuss Oliver’s case, he is welcome. I look forward to following the commission’s work. Without making firm commitments, I hope that the hon. Member for Huddersfield will recognise that I have always been willing to engage constructively since I have been in this role, and I look forward to doing so in future.

[Mr Sheerman]

Just to put the record straight, the people we met are really good people. I did not want to denigrate them; they are very good people, but they are under-resourced. I got the feeling, talking to them and talking to people in this area, that senior people in the judiciary do not like the system and are not positive towards it. Is that the real key; that some senior judges do not like the process at all?

[Edward Argar]

The hon. Gentleman is an experienced Member of the House and he is gently tempting me to speculate on areas where I will not tread. I believe the judiciary has full confidence in the process and fully respects the nature of the process. That is reflected in how it engages with the CCRC and the appeals process. He may seek to tempt me, but I fear that on this occasion he has not succeeded.

I note that the CCRC’s analysis has identified other reasons for the recent level of referrals, including the lack of common themes across recent cases and changes in approach by investigators. The CCRC continues to review the reasons for a low referral rate, working with practitioners and academics to ensure that they are aware of any potential new causes of miscarriages of justice.

In February the Ministry of Justice published a tailored review of the commission, as the hon. Member for Ipswich will be aware. The review found that the current delivery model as a non-departmental public body is still the most appropriate. The review did, however, make a number of recommendations relating to improving the commission’s performance. Those recommendations were in part informed by respondents to the call for evidence, who commented that the commission does not provide as timely a service as they would wish. The commission has acknowledged that although internal targets were met, too many cases were taking too long to resolve and more can be done to avoid delay.

The hon. Gentleman has alluded to the amount of time it has taken the CCRC to look at Oliver’s case and the handling of it. The review team found that a single commissioner or a committee of commissioners were making the decisions on the non-referral of cases, despite legislation providing the option for decisions to be made by one or more employees of the commission. The review recommended that responsibility for the final decision on non-referrals in less complex cases should be made by case review managers, rather than commissioners.

[Mr Sheerman]

Before the Minister concludes, will he give way?

[Edward Argar]

I am not concluding just yet.

[Mr Sheerman]

The Minister has four minutes.

[Edward Argar]

Go on, very quickly.

[Mr Sheerman]

Does the Minister understand that many of us got into this issue because of cases in our constituencies? In Huddersfield, I had a tragic case like Oliver’s. Does he realise that even when someone spends 18 years in prison and they come out having been found not ever to have committed a crime, they get nothing?

[Edward Argar]

The hon. Gentleman makes a powerful point, which he has made in our previous conversations. I look forward to picking that specific point up in more detail with him. I think we are due to have one of our regular meetings soon.

As with any case, the CCRC would welcome an application to review Oliver’s case, if new information can be provided. That would be decided by people who have had no previous involvement in the decision making.

[Sandy Martin]

I thank the Minister for that. If the CCRC says that there has been no new evidence and refuses to take any further applications, what is our recourse after that?

[Edward Argar]

My understanding is that beyond that the recourse is via judicial review, which I appreciate is a complex and expensive process. That is why I am happy to meet the hon. Gentleman following the debate to discuss the issue in more detail outside of this place.

The review also recommended that the CCRC and my Department should discuss the possibility of changing the law so that the commission does not have to consider cases dealt with summarily and sentence-only cases. The CCRC currently considers applications relating to summary offences, which often originate in magistrates courts, as well as more serious indictable offences, which are dealt with in Crown courts. The CCRC also considers applications that allege a person has been sentenced incorrectly.

The review recommendation reflects the outcome of the Justice Committee inquiry in 2015, which recommended that the CCRC be given discretion to refuse to investigate cases dealt with summarily, if it deems it not to be in the public interest to investigate. The CCRC is considering and reflecting on that recommendation, but it is of the view that it should retain its function with regard to summary cases, given that it is an area where miscarriages of justice can and do occur. The CCRC has established a working group to consider the recommendations of the tailored review, and I look forward to the outcome of its discussions, especially with regard to what can be done to ensure that commissioners can focus on more complex and serious cases.

I very much support the work of the CCRC. In saying that, I put on the record that I was in no way suggesting that the hon. Member for Huddersfield does not; I know he is deeply involved in this area and has a lot of respect for the staff and their work. Although he is courteously challenging of it, I know that the CCRC welcomes his engagement, which shines a light on its work and raises its profile. The staff enjoy and respect his interest and the focus it brings to their work. I know they would want me to say that to him.

With the appointment of six new commissioners in June, the organisation is well placed to deliver its important work investigating where people are wrongly convicted or where convictions are unsafe. I look forward to carefully considering the results of the work of the Westminster commission that has been set up by the all-party parliamentary group. I hope that I will be in this post this time next week and in a fortnight hence, and I hope that the hon. Gentleman will recognise that although we may on occasions disagree, as long as I am in this post I will always be happy to engage with him and with Members from all parts of the House.

The hon. Member for Ipswich is absolutely right to use his position in this House as a champion for his constituents to highlight Oliver’s case, bringing it to my attention as a Minister and also to people more broadly. I look forward, should he wish and should I still be in this role in a couple of weeks’ time, to discussing that with him, where he can unpack some of the more detailed points he would want to make on that. It has been a pleasure to respond to this debate, Sir George. The CCRC continues to play a vital role for individuals and also in upholding the integrity of our justice system, which is precious to us all.

Question put and agreed to.