Radical proposals to transform system

THE establishment of an independent authority to review alleged miscarriages of justice was the key recommendation made by the Royal Commission on Criminal Justice, set up after the release of the Birmingham Six, writes Jason Bennetto. Yesterday's discussion document by the Home Office accepted the bulk of the commission's findings, and if accepted will mark a major transformation in how the appeal system operates.

In two cases it has gone further than the commission's recommendations, while others have been watered down.

The proposals include:

The introduction of a new test for the Court of Appeal of whether fresh evidence is 'capable of belief', rather than the current 'likely to be credible'. Even without new evidence, it suggests, the court should still be able to quash convictions where there is a 'lurking doubt'.

Giving the new Criminal Cases Review Authority the power to refer doubtful convictions if there is new evidence or any new issue which could lead the courts to take a different view. The authority could also refer sentences they consider to be too high.

Allowing a single broad ground of appeal - that the conviction 'is or may be unsafe'.

Giving the authority powers to request and oversee inquiries by the police.

No appeal on decisions made by the authority.

Scrapping the Royal Prerogative of Mercy, which is held by the Home Secretary, in cases considered by the authority and only allowing its use in appeals made on compassionate grounds.

Allowing the Court of Appeal to ask the authority to carry out an investigation only in 'exceptional circumstances', rather than it having an automatic right.