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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 needed to review potential miscarriages of justice. It grants the CCRC new powers to obtain documents and other materials from individuals and organizations outside of public bodies, subject to court approval.

Description

The bill amends the Criminal Appeal Act 1995. Specifically, it adds a new section (18A) allowing the Crown Court to order individuals to provide the CCRC with documents or other material relevant to its investigations. The court can only grant this order if it believes the information may aid the CCRC in its duties. The order can specify how access is given (e.g., providing copies or allowing the CCRC to remove original documents), and it can prevent the destruction or alteration of the material. Importantly, this power does not apply to individuals already subject to the CCRC's existing information-gathering powers (those serving in public bodies). The bill also updates existing restrictions on onward disclosure of information obtained under this new power. This ensures consistency in the handling of information acquired through the amended Act.

Government Spending

The bill is not expected to have a significant impact on UK government spending. The costs associated with the court process for obtaining orders under the new section are likely to be minimal. No specific figures are provided in the bill text.

Groups Affected

  • The Criminal Cases Review Commission (CCRC): The CCRC will gain significantly enhanced powers to investigate potential miscarriages of justice, leading to a greater potential for successful appeals.
  • Individuals and organizations: Individuals and organizations outside of public bodies may be compelled by court order to provide information to the CCRC. This could be burdensome, depending on the type and quantity of material requested.
  • The Crown Court: The Crown Court will have a new role in adjudicating applications by the CCRC for information from non-public bodies.
  • Prisoners: The bill may indirectly help prisoners who have been wrongly convicted and are seeking to appeal their sentences.

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