CCRC - CRIMINAL CASES REVIEW COMMISSION
The Criminal Cases Review Commission is a non-departmental public body set up in England in March 1997 following the Royal Commission on Criminal Justice, itself a continuation of the May Inquiry. It aims to investigate possible miscarriages of justice in England, Wales, and Northern Ireland. The Commission assesses whether convictions or sentences should be referred to a court of appeal, but they are not bound by the Human Rights Acts 1998, and are most certainly in violation of Article 13 of the ECHR and that they are free at the moment to choose whether a conviction obtained by fooling a jury with (for example) junk science, should go back to the court of appeal.
In many cases there has been no appeal, because the Court of Appeal withheld transcripts requested by an appeal barrister, and so an application at the single judge stage could not progress with perfected grounds. The CCRC though, class this as though there has been an appeal - when in fact the system has prevented an/any appeal from being properly progressed. In one case from 2008 we understand that this was lodged with the European Court of Human Rights as of June of 2013, but that the EC wrongly believe that their is an effective remedy in the United Kingdom and returned the application.
Where there is no Right of Appeal under the British system, legal aid funding limitations and domestic Article 13 deficiencies, the only avenue to an effective remedy may rest with the United Nations, where Article 8 renders this case an ongoing violation of the Universal Declaration of Human Rights.
As of April 2018 the day-to-day running of the Commission is the responsibility of the Chief Executive, Miss Karen Kneller. Karen is supported in this by Mrs Sally Berlin, Director of Casework Operations, and Mr Ian Brooks, the Director of Finance & Corporate Services. Together Kneller, Berlin and Brooks make up the Senior Management Team.
The Commission has three non-executive directors who are members of their Board. According to their website, they are not employees of the Commission and sit on the Board in order to provide independent advice, constructive challenge and scrutiny of its decisions and performance. As of April 2018 their non-executive directors are: Mrs Caroline Corby; and Mr Jonathan Baume.
Decisions about whether or not cases can be referred are always taken by one or more of our Commissioners who are chosen for their professional experience and ability to make important decisions in complicated matters. Cases are generally passed to Commissioners on a ‘cab rank’ basis. The Commissioners decide all types of cases. Commissioners are appointed by the Queen on the recommendation of the Prime Minister meaning that David Cameron and Theresa May are in the recent case referral decision making tree along with Her Majesty, grand patron of the Royal Masonic Benevolent Institution.
Each Commissioner is appointed for a period of up to five years and can, if re-appointed, serve for a maximum of ten years for long-term steerage of alternative agendas.
NEW APPOINTMENTS 2017
Five new Commissioners were appointed for a term of 5 years starting in September 2017:
Jill Gramann JP
Mrs Gramann currently serves on the Sentencing Council of England and Wales as the lay judicial member. She has been a Justice of the Peace since 1990 and has held a number of posts within the magistracy including three years as a bench chairman. She was also a Non-Executive Director of Worcestershire Health and Care NHS Trust until July 2017 with specific portfolio responsibilities for adult mental health and patient and carer experience. Mrs Gramann has previously held posts as a Director and Trustee of disability charities BILD (British Institute of Learning Disability) and SCOPE. By profession, Mrs Gramann was a market research consultant with her own business for 30 years providing strategic guidance to both public and private sector organisations.
Ms Lee is a solicitor specialising in regulatory and disciplinary law at national law firm Radcliffes Le Brasseur. Ms Lee is a Past President of the Law Society of England and Wales (2010-11) and is a Law Society Council Member. She has held various key roles at the Law Society including Chair of the Representation and Legal Affairs and Policy Board and Regulatory Affairs Board and is currently the Chair of the Regulatory Process Committee. She is a member of the Audit Committee and the Access to Justice Committee. She is also Chair of the Solicitors Assistance Scheme which provides advice and assistance to solicitors facing disciplinary proceedings. Ms Lee is a legal chair for the Taxation Disciplinary Board, the Phone-paid Services Authority, the Family Health Services Appeals Unit of the NHS Litigation Authority and the General Medical Council. She is also an independent panel member for HS2. She lectures and writes on legal and regulatory issues and is a director of the Incorporated Council of Law Reporting.
Ms Portway is currently an Independent Member and Panel Chair on the Parole Board, a Specialist Member of the Criminal Injuries Compensation Appeal Tribunal, an Independent Member of the Medical Practitioners Tribunal Service (Fitness to Practise hearings) and a Volunteer Member on Police Misconduct Hearings. Ms Portway is a solicitor (currently non-practising) and has previously held posts with the Crown Prosecution Service including Senior Crown Prosecutor and Senior Policy Adviser (national lead for victims and witnesses).
Robert Ward CBE QC
Mr Ward is a barrister who has had an extensive career as a Government Lawyer. Most recently Mr Ward led the legal branch at the Ministry of Defence during a period of substantial change and expansion. His specialism is national security law and he has participated in its development on a national and international basis. Prior to entering government service, Mr Ward was in independent practice and taught Criminal, Constitutional and Public Law at the University of Cambridge. He is co-author of a leading text book on sexual offences law and practice.
DAILY MAIL 3 DECEMBER 2017 - CCRC IGNORES NEW EVIDENCE
Five men serving prison terms of up to 24 years for a £53 million drug smuggling plot have lost their bid to appeal – despite fresh scientific evidence suggesting the version of events presented by the prosecution at the trial was ‘impossible’.
A SYSTEM IN FREEFALL:
Set against a background of increasing pressure to gain convictions, many police officers fail to investigate fully for fear of finding inconvenient truths, which they will then have to pass to a defence team during the discovery process. The CPS are hungry to improve numbers on sexual offences.
Of course it is vital to protect children from abuse, and every effort should be made to provide a safe environment for them. The problem is the rising numbers of innocent men that are only being freed after months or years in prison, for something they didn't do. It's not possible to recover time or a stained reputation. Whereas, a girl making false allegations, gets away Scott-free - no loss of reputation, livelihood, etc. A clear imbalance in the system.
The fact is it is all too easy to put an innocent man behind bars where a blunderbuss serious of charges, often used in sexual assault cases, make it all but impossible to mount a defense with alibis for specific events claimed. Put that together with carefully crafted circumstantial evidence and pick a vulnerable target, then all you have to do is play the Juries emotions. As the statistics show, a Jury will convict on the unsupported word of a girl. There is no need for a witness to an event. Just a story where a man is alone with a girl and there is opportunity. That this will happen to any family man with children at some time is inevitable.
In most cases an allegation grows like a pyramid, once the system kicks in. Unfortunately, at each stage of the process, the allegation grows as it is passed from one person in the chain to another, each adding their own interpretation and filling in the blanks, so to speak.
Where an allegation has been made (which is often the case) by a young girl or boy who may find him or herself in an uncomfortable family situation, perhaps a combination of loneliness, stress from school work, social stresses from friends, or lack of them, not feeling important or feeling ignored. Sometimes just being bored or mischievous, or simply bearing a grudge - the child will often pander to the attention they are suddenly receiving, and sometimes they are simply bunny boilers, out to ruin someone they feel abandoned by...... The case below should perhaps fall to be considered as to the above..... Although, specialist advice will help us to understand, should that be forthcoming.
CCRC OFFICERS 2018
- Sally Berlin - Ian
Brooks - Liz Calderbank -
Caroline Corby -
Rachel Ellis -
Gramann - Justin Hawkins
RISE IN NUMBER OF INNOCENT VICTIMS WHO CANNOT OBTAIN JUSTICE
A quite worrying statistic, is the number of men freed on Appeal, having been convicted by a Jury of 12 members of the public. Clearly, then the decisions reached by many Juries are flawed. To a high degree it's a game of chance relying on the mood of the jurors and the relative skills or degrees of effort, of the prosecuting and defending barristers.
Even more worrying, is the fact there is no automatic right of Appeal. An innocent man must remain in prison relying on friends and family, and hoping some new evidence will come to light to give any chance of an Appeal. The odds against this happening are hundreds to one against. Which raises the question as to how many innocent men are behind bars with no safety net due to Legal Aid restrictions and funding rules which sometimes steer overworked solicitors to provide a less than satisfactory defense.
Trials are too important to be decided by juries. That is the tagline on films such as Runaway Jury, where it is shown that Juries can be bought. In fact most juries just want to get home as soon as possible. Once elected, the foreman or woman usually steers the verdict to what he or she would like to see. The others simply follow the lead. That is what one juror told us recently, and she is entitled to he opinion.
ANATOMY OF A STITCH UP - FLOW CHART
Ian McEwan's novel 'Atonement' (fiction) - Jane Roe's 'The System' (based on a true story)
This is a fictional work inspired by a true story, where the names and locations have been changed to protect the identities of the characters. This book reveals flaws in a System, which is geared to gaining convictions, rather than providing support to innocent victims of false allegations, who often spend several years in prison before they are vindicated and sometimes only obtain justice after any prison sentence has been served.
The book offers an insight into several aspects of the British planning and legal systems and shows that once targeted by police or planning officers, anyone can have their lives destroyed as those in authority bring to bear unlimited resources against their victims.
Prosecutors need to be brought into the 21st century, the director of public prosecutions has said, in the clearest statement yet of the need to reform the
Crown Prosecution Service (CPS).
agree, now what about some action?
A - Z of Sussex officers
My life's in ruins, says teacher cleared of having hotel sex romps with 17-year-old pupil - 4th October 2007
Man freed after six years in jail for double rape because 'accuser was
a liar' - 16th October 2007
£20,000 payout for woman who falsely accused her father of rape after 'recovered memory' therapy - 19th October 2007
Another man's life ruined by Bunny Boiler - February 2008
LINKS and REFERENCE
The policies of Labour's Harriet Harman, Minister of State for Women, are designed to raise conviction rates is sex related cases, regardless of evidence. This has resulted in many more appeals and innocent men being freed, having been convicted on little or no evidence. It begs belief that such cases are brought, considering the irreversible harm caused to the victim, in these case the person defendant.
In many cases (number unknown) innocent men are rotting in jail, since there is no appeal for them unless fresh evidence surfaces, which may only happen once a bunny boiler repeat offends. Otherwise, there is no justice for men. A point overlooked by Harriet in her rush to up statistics for voters.
Hammer Lane, Vines Cross, East Sussex, 3 March 2004 - Gypsy stakeout
PRISON BREAK US DRAMA - YOUTUBE
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