The Criminal Cases Review Commission (CCRC) is approaching a pivotal moment in its 29-year history as it weighs whether to refer Lucy Letby's convictions for the murder of seven babies and attempted murder of seven others back to the Court of Appeal. This decision comes amid intense public scrutiny, a wave of medical expert criticism of the prosecution's case, and an impending public inquiry report. The CCRC's handling of Letby's application is arguably the most significant challenge it has ever faced.
Reputation Damaged by Past Failures
Just a year ago, the CCRC appeared ill-equipped for such a high-stakes task. Its reputation suffered severe damage due to failures in the cases of Andrew Malkinson, who spent 17 years in prison for a rape he did not commit, and Peter Sullivan, wrongfully imprisoned for 38 years for murder. Both men had previously applied to the CCRC before their convictions were eventually overturned. Notably, another man, Paul Quinn, was convicted last month of the rape for which Malkinson was wrongly found guilty.
A review by Chris Henley KC of the CCRC's handling of Malkinson's case criticized the organization for allowing inquiries to "drift." The Justice Select Committee stated that the CCRC appeared unable to learn from its mistakes. In the first half of last year, both its chair and chief executive resigned.
Vera Baird Appointed to Lead Reform
Vera Baird was appointed as interim chair to restore the CCRC's credibility. A report from the Crown Prosecution Service Inspectorate, published earlier this month, made 34 recommendations for improvement. It highlighted unclear roles and responsibilities, unacceptable delays, and a need for better training. However, the report expressed confidence in the CCRC's casework, noting that in the 60 cases examined, all decisions were "ultimately sound." This finding is supported by current referral outcomes: the proportion of CCRC referrals resulting in overturned convictions stands at 77.8% for the current year.
A Place of Last Resort
The CCRC was established following a 1990s royal commission that investigated a series of serious miscarriages of justice. It functions as a backstop for the criminal justice system in England, Wales, and Northern Ireland, acknowledging institutional fallibility. Scotland has a separate body with a similar remit. Applications to the CCRC can only be made after all other appeals have been exhausted. In cases like Malkinson's and Sullivan's, new forensic evidence not available at the original trials played a key role.
Record Number of Applications
Recent figures show that applications to the CCRC have reached a record high: 1,841 in 2025-26, an increase of almost 20% from the previous year. While it is unclear whether this indicates a rise in wrongful convictions, it underscores the need to avoid complacency. Confidence in the justice system is a public good, but it is vital to recognize that judges, juries, police, and lawyers are all capable of errors.
Dame Vera Baird has stated that all 34 recommendations from the inspectorate will be implemented. The CCRC may be a last resort, but it remains a crucial component of a justice system capable of honest self-reflection.
