Expert Legal Adviser MILTON FIRMAN asks: How and when do I make a claim to the CCRC

Oct. 17, 2011 - PRLog -- You face a legal problem.  You may have sought advice and felt let down by the system.  Talk of hourly rates and vast fees.  Appointments you have to wait for, and even travel into town.  Delay, uncertainty and worry, lots of worry.  Now Milton Firman turns all of this on its head.

He advises immediately.  He is on call 24/7.  No appointments required.  He will see you at your home.  In the evenings or at weekends.  Fixed fees or no fees at all.  He is fearless and straight talking.  He is an experienced legal adviser, an expert in this field of law and offers advice regarding the best way forward for you.

The Criminal Cases Review Commission (CCRC) has the power to investigate possible miscarriages of justice and refer appropriate cases to the Court of Appeal, on grounds of conviction, sentence or both.

If you have exhausted all your rights of Appeal, then it is open to you to make an Application to the CCRC with a view to them reviewing your case. In effect, they will decide whether, on an Appeal, you would be likely to succeed.

It also has similar powers to investigate and make references to the Crown Court in summary cases (cases that were heard in the Magistrates Court)

On an appeal against conviction, the Court of Appeal may direct the Commission to investigate and report on any matter relevant to the determination of the case in accordance with section 23A(1) Criminal Appeal Act 1995.

The Court of Appeal may dismiss an appeal referred to it after 14 July 2008 by the CCRC if:

•the only ground for allowing the appeal is a development in the law since conviction verdict or finding; and

•if the reference had not been made, the court would not have thought it appropriate to grant an application for extension of time to seek leave on the basis of a development in the law. (s16c Criminal Appeal Act 1968 - as amended by section 42 Criminal Justice and Immigration Act 2008).

The role of the CCRC and the criteria governing its investigative powers can be found in sections 8 to 25 of the Criminal Appeal Act 1995. This guidance outlines only those aspects of the work of the CCRC in which the CPS is involved.

CPS staff are under a public duty to assist the CCRC in carrying out its statutory role. In particular, the CPS must ensure that any direction received from the CCRC to preserve or disclose material held by the CPS is attended to in full and without delay.

Under section 17 of the Criminal Appeal Act 1995 the CCRC may, where it is reasonable to do so, require the CPS to produce any document or other material in its possession which may assist the CCRC in the exercise of any of its functions. The CCRC may also direct that any such document or material must not be destroyed, damaged or altered until such time as the direction is withdrawn.

The CCRC has the power under section 17 of the Criminal Appeal Act 1995 to require the appropriate person from the CPS to produce the document, have access, and make copies or request that the papers are sent to their offices in Birmingham.

The obligations under section 17 are absolute and override public interest immunity, legal professional privilege and any other rule or obligation of confidentiality which would be attached to this material.

Under the provisions of section 25 of the Criminal Appeal Act 1995 the CPS may notify the CCRC that information contained in a document or other material which is the subject of a section 17 Preservation Order must not be disclosed by the CCRC to a third party without the prior consent of the CPS. Such consent may only be withheld by the CPS:

•If, had a section 17 Preservation Order not been made, the CPS would have been prevented by any obligation of secrecy or other limitation on disclosure from producing the document etc containing that information to the CCRC; and

•It is reasonable for the CPS to withhold consent to disclosure of information by the CCRC.

•Where the CPS is under an obligation of secrecy which arises because a third party has not authorised disclosure, that obligation shall not be taken for the purposes of section 25 of the 1995 Act as preventing disclosure by the CPS of information to the Commission unless:

•Reasonable steps have been taken to obtain the authorisation of the other person,

•Such authorisation could not reasonably be expected to be obtained.

When referring a case to the Court of Appeal the CCRC will make a statement under section 14 - Statement of Reasons and will supply a copy to all those likely to be a party to proceedings in the Court of Appeal or Crown Court.

Where a bail application is received on a case referred to the court by the CCRC, the application will not be placed before a judge until the CPS have been informed of the application and had opportunity to respond.

For more information, here is the deal.  Call Milton on 0161 485 1100 or 07909 900449 at any time or him at milton@miltonfirman.co.uk

Write to him at 24 Byrom Street, Altrincham WA14 2EN.

He will always be pleased to speak to you at any time.  In confidence.  With confidence.

# # #

It's Legal help lawyers and their clients to fight for real justice. We put the citizen first and fight for the civil liberties of all citizens