The concept of an independent agency with specialist and expert knowledge to review and advise on the possibility of wrongful convictions arose from a major UK inquiry conducted in 1991 into a number of established wrongful convictions. These convictions came from the prosecution of several Irish citizens who were alleged to have committed serious crimes during “The Troubles” in Northern Ireland. The key recommendation of the 1991 inquiry chaired by Lord Runciman was the setting up of a new body that would take over the existing appeals process (which as in Australia was then based on an appeal for mercy to the Crown). Established in 1997, the CCRC has become an integral part of the UK criminal justice system for over twenty years.

The record of the English CCRC speaks for itself. Between 1997 and 2019, the CCRC referred 657 cases to the appeal courts, an average of 32 per year. The courts quashed convictions in 441 of these cases, (an acquittal rate of 67%), dismissed the appeal in 203 cases with the remaining 13 not yet resolved at the time of reporting[1]. There have been repeated calls for an Australian CCRC over the last two decades: so far these calls have been unsuccessful.

Australia´s two most (in)famous wrongful convictions, those of Lindy Chamberlain and Kathleen Folbigg, highlight the weakness of the current appeals system, with both cases failing at all levels of appeal, emphasising the need for a CCRC.

 

[1] CCRC Annual Report for 2020-2021 available at: https://ccrc.gov.uk/corporate-information-and-publications/