Just to give you some examples:
Suppose I am a man (I’m not, by the way! This is just an example), and I am accused of a rape. It goes to court, I am convicted on circumstantial evidence, say I was in the general area at the time and look a bit like the sketch of the suspect, or the victim picks me out in the line up.
There is DNA evidence on the victim’s clothes from semen and it doesn’t match mine. There is blood on the victim’s clothes belonging to the attacker resulting from a struggle and it doesn’t match mine.
The police/ CPS are required to disclose this evidence, but often they do not. Either they lose it from incompetence, or they don’t bother to test it, or they simply ignore the legal requirement to disclose the evidence to the defence. Let’s say in this case they do disclose this evidence to the defence but the defence for inexplicable reasons (incompetence, laziness, or whatever else) don’t present it at the trial.
This man might well go to prison for this alleged offence that he did not commit. This is a miscarriage of justice. Yet this person is imprisoned and labelled as a rapist and their life is ruined.
If an appeal is later raised to the CCRC showing that there is unequivocal evidence that the blood and semen do not belong to this man and belong to another man entirely, the CCRC will dismiss it because they say that this evidence existed at the time of the trial so even though we KNOW your client is innocent, he will have to remain in prison for the crime he did not commit because you COULD have presented this evidence at the trial and it’s not new. Sorry dude, your defence lawyer was incompetent so now you’re going to have to stay in prison even if we know you’re innocent.
That’s how the CCRC operates. These are the rules and remit that govern its decisions. It isn’t about the truth, or guilt or innocence or justice. It is an arbitrary set of rules mainly designed to prevent many valid appeals from taking place. The CCRC and our politicians (who set these rules) know that these arbitrary rules keep many people in prison who either haven’t had a case against them proved beyond reasonable doubt and even some who have been proved beyond any doubt to be innocent. They do not care about this or do anything to change it. That should terrify everyone.
In a case like Letby’s, the CCRC will only consider evidence which could not possibly have been presented or obtained at the time by the defence. So there is an argument here, given that more recent research on insulin in newborns and how this manifests was not available at the time.
It’s clear that the threshold of evidence required even to charge her, let alone the threshold of evidence that would need to be provided to convict her legitimately, was not available. For a variety of reasons her lawyers did not properly highlight this and have the case thrown out (maybe incompetence from her defence lawyers; or maybe them having assumed that because there was no evidence she did this it was not necessary to find scientific witnesses to debunk evidence because there was none to debunk to start with, and they had too much faith in the justice system actually doing its job, like many people here apparently, although one would hope experienced defence lawyers — as these were — would not be that naive; or perhaps the judge was reticent to throw out a clearly spurious “case” given its high profile. Regardless of the reasons, it’s clear that the case should never have gone to trial at all and certainly wouldn’t have resulted in a conviction with the evidence that the prosecution did put forward, in a competent legal system).
Now, the CCRC can state that because her defence should/ could have obtained reports showing the babies died from natural causes/ substandard medical care and presented this at the original trial, even though it is now very obvious from actual comptent experts in this field of medicine having reviewed the medical records and concluded that there’s no evidence of a crime taking place at all, CCRC will ignore this and say this evidence is “inadmissable” and keep her in prison anyway.
The CCRC is unfit for purpose. Everyone in the legal profession is well aware of this, as is the CCRC itself. It is bound by its dysfunctional remit which means people remain in prison when their convictions were clearly not in line with the law, and even in some cases when there is clear evidence which proves beyond any doubt that they are innocent: if your defence lawyer didn’t do a good job and didn’t present the evidence of your innocence at the time of your trial but could have presented it if they’d been competent, then tough: rot in prision for the rest of your life because your defence lawyer did a bad job. The CCRC can and will and does dismiss appeals with evidence that PROVE someone’s innocence beyond any doubt if that evidence was available at the time of their trial and their defence lawyer didn’t use it or didn’t find the right person to come to court to give that evidence at the time. Tough, sorry, stay in prison for life for a crime we KNOW that you didn’t commit.
That’s how the CCRC works. People really should read up about it, as well as the travesties of law that are going on at the other end of the system in Magistrates’ courts. It is quite shocking and is something we should all campaign to change because it’s too late to do so by the time you are the person who is unfortunate enough to end up on the receiving end of it.