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by Munro Research

Criminal Cases Review Commission (Information) Act 2016


Official Summary

A Bill to extend the Criminal Cases Review Commission’s powers to obtain information.

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Overview

This bill expands the Criminal Cases Review Commission's (CCRC) ability to access information relevant to its investigations of potential miscarriages of justice. It allows the CCRC to obtain documents and other materials from individuals and organizations outside of public bodies, strengthening its investigative powers.

Description

The Criminal Cases Review Commission (Information) Bill amends the Criminal Appeal Act 1995. The key change is the addition of a new section (18A) granting the Crown Court the power to order individuals (excluding those already covered under section 17, which applies to public bodies) to provide the CCRC with access to relevant documents and materials. This access can include physically taking the material or making copies. The court can only grant such an order if it believes the material might help the CCRC's work. The bill also prevents the destruction or alteration of the requested material until the court rescinds the order. Finally, the bill updates section 25 of the 1995 Act to include this new power under section 18A, clarifying restrictions on further disclosure of obtained information.

Government Spending

The bill doesn't directly specify any changes to government spending. The potential cost could relate to the processing of applications to the courts and the administrative costs of enforcing the new powers. No figures are provided within the bill text.

Groups Affected

  • The Criminal Cases Review Commission (CCRC): The CCRC will gain significantly enhanced powers of investigation, potentially leading to a more thorough review of cases.
  • Individuals and organizations (excluding public bodies): Those possessing information relevant to CCRC investigations may be compelled to provide it to the commission, potentially creating legal and logistical burdens.
  • The Crown Court: The Crown Court will be responsible for reviewing applications from the CCRC and issuing orders as appropriate.
  • Individuals potentially subject to miscarriages of justice: This bill may lead to a greater chance of their cases being reviewed and overturned if new evidence can be accessed.
Full Text

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