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Government launches consultation on test for quashing convictions

18 Sep 2006

A consultation paper on how to amend the test used by the Court of Appeal to decide whether a conviction should be quashed was published today by the Government. 'Quashing convictions - report of a review by the Home Secretary, Lord Chancellor and Attorney General,' invites views on how the law should be changed to ensure the Court of Appeal does not quash convictions simply because of an error in the trial or pre trial process where there is clear evidence of guilt.

Home Secretary John Reid said:

"This Government is committed to rebalancing the criminal justice system in favour of victims and the law-abiding majority.

"It is not right or in the interests of justice that offenders can go free where there is clear evidence of guilt simply because of errors in the process.

"We must, of course, ensure that we have an effective and robust appeals system so that those who are innocent can overturn wrongful convictions. Equally, however, we must have a system that punishes the guilty and delivers justice for victims.

"This is a complex area of the law and I believe that the consultation published today offers a measured starting point from which a workable option can be developed."

Today's consultation is the first of a series of consultations and actions to come out of the wide-ranging review of the criminal justice system published in July. It invites the views of stakeholders who have experience of the criminal justice system and members of the public, and is open for three months. Responses will be published along with the way forward which could include legislative changes.

Constitutional Affairs Secretary and Lord Chancellor Lord Falconer said:

"I sincerely hope that the consultation throws up a wide variety of views that the Government can consider. Of course it is right that victims of crime should have faith in the courts and the criminal justice system at large, but it is also right that the appeals process is robust."

The Attorney General, Lord Goldsmith said:

"A fair and effective appeal court is an essential element of our criminal justice system. It helps to ensure that offenders are dealt with properly, while providing a means for anyone wrongly convicted to have their conviction quashed. But the appeal system must also deliver justice for victims, and the public need to have confidence in it.

"This consultation paper provides an opportunity to amend the current appeal system so that it strikes the right balance. I look forward to seeing the results of the consultation."

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