WIREDGOV

A project by the Criminal Cases Review Commission (CCRC) looking at previously closed cases where advances in forensic science could now provide new evidence about the identity of an offender has moved into its second phase.  

The CCRC announced in April this year that it was analysing closed cases involving rape or murder from before 1 January 2016, to see where advances in forensic technology might reveal important new opportunities. 

The Ministry of Justice has since provided extra funding of £250,000 to allow the CCRC to recruit staff to work on the project. This recruitment process is ongoing, with new staff expected to start early next year.  

In the first phase of the project 5,500 relevant cases were identified in which applications to the CCRC had been turned down. Not all these cases raised a dispute about the identity of the offender.  

This phase is now largely complete, and 1,247 cases have so far moved through to the second phase. There are around 300 cases which require further information to carry out the phase one assessment. 

Phase two work is being completed by investigators who aim to identify cases where there are fresh forensic opportunities which could impact the safety of a conviction. This could involve cases where DNA technology has advanced since the individual was convicted, and forensic opportunities could now potentially exclude that person as the offender. 

Since first announcing this project, phase two has expanded to involve more investigative work at this stage, before moving to phase three. This could potentially involve a level of forensic testing or establishing what materials are available. Cases will move to phase three if important new evidence is found. 

Currently there are no cases that have moved through to phase three. This phase will re-open the case, and a Case Review Manager will move the process forward preparing for a potential referral to an appellate court.  

The identities of those involved in these cases will not be disclosed.  

A CCRC spokesperson yesterday said:

“This is a huge task which requires substantial resources, but we have made significant progress since first announcing that the project was underway. 

“The next stages could take a considerable time; we do have a dedicated team working on it, and this is expanding, but we must balance this work with our important existing case reviews. 

“We are pleased that we have been provided with funding to recruit extra staff to support this project, and this will help the project progress more efficiently.” 

Notes to Editors:  

1. In July 2014, DNA laboratories in the UK moved to using a technique called DNA-17. 
2. DNA-17 is arguably more sensitive than older types of DNA profiling. Old samples, degraded samples or samples which contain only a very small amount of cellular material are more likely to yield useful results using this testing method. 
3. In 2023, 20% of CCRC references were the result of reviews initiated by the CCRC. 
4. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland and is funded by the Ministry of Justice.      
5. There are currently 10 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process.   
6. The CCRC receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.      
7. The CCRC considers whether, as a result of new information or a new argument on a point of law, there is a real possibility that a conviction would be quashed, or a sentence would not be upheld were a reference to be made. New information or argument on a point of law is argument or information which has not been raised during the original sentence hearing or on appeal.   
8. Applicants should usually have appealed first. A conviction or sentence can be referred in the absence of an earlier appeal only if there are “exceptional circumstances”.      
9. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe, or if the sentence should be changed.      
10. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Twitter @ccrcupdate.