Dr. Michael Naughton analyses Helen Pitcher’s resignation as Chair of the Criminal Cases Review Commission (CCRC) and argues that it distracts from the fundamental flaws in the criminal justice system. While some, like Andy Malkinson—a victim of a wrongful conviction—viewed her resignation as a form of justice, the author critiques this focus on individual accountability. Instead, he emphasises that wrongful convictions stem from systemic issues within the criminal justice system, particularly the “real possibility test” embedded in the Criminal Appeal Act 1995. This test restricts the CCRC from referring cases unless there is a strong likelihood that an appeal court will overturn the conviction, creating significant barriers for innocent victims.
The article further highlights how the CCRC, despite being established as a safeguard, operates within the constraints of the political and legal framework that prioritises public trust over uncovering the truth. The real possibility test forces caseworkers to assess cases based on the appeal courts’ criteria, often leading to rejections that prevent justice for the wrongfully convicted. The post critiques the broader criminal justice system, describing it as structurally designed to maintain its authority and limit scrutiny of wrongful convictions.
Ultimately, the resignation of Ms. Pitcher is characterised as a symbolic gesture that does little to address the systemic issues at play. The author calls for urgent reform or abolition of the real possibility test, advocating for a truly independent CCRC that can prioritise truth and justice over legal technicalities. The piece underscores that until these changes are made, leadership changes alone will not resolve the failures that allow wrongful convictions to persist.
Link to full article: Why Helen Pitcher’s resignation as Chair of the Criminal Cases Review Commission (CCRC) is a red herring
More recently, the Parliamentary Justice Committee made a formal request to the Lord Chancellor @ShabanaMahmood to ask that the Justice Committee conducts pre-appointment scrutiny of the post of Chair of the Criminal Cases Review Commission. This presents a unique opportunity for those rejected by the CCRC to email @ShabanaMahmood and demand the new Chair is not restricted by the “real possibility test”, used to reject 98% of applicants. If you copy your email to The Lord Chancellor to ccrcwatch@gmail.com we will publish your email on CCRC Watch.
Direct victims can email Shabana Mahmood and family members and supporters of alleged victims of wrongful convictions rejected by the CCRC can write separate emails in their own names in support of direct victims.
