Source · Select Committees · Justice Committee

Recommendation 11

11 Accepted

Consider the impact of Criminal Appeal Act 1995 disclosure prohibition on CCRC functions.

Conclusion
The forthcoming review of the organisation should consider the impact on the Commission of the prohibition on disclosure set out in section 23 of the Criminal Appeal Act 1995. (Recommendation, Paragraph 46) 45
Government Response Summary
The Ministry of Justice has asked the interim Chair to specifically consider the impact of the prohibition on disclosure (section 23 of the Criminal Appeal Act 1995) and to include recommendations if it is found to hamper the CCRC's effectiveness.
Government Response Accepted
HM Government Accepted
The terms of reference for the interim Chair’s review – which were shared with the Committee on 30 June 2025 and are included as Annex A – include: Effectiveness: The extent to which the organisation is operating effectively to deliver the CCRC’s statutory responsibilities, including the understanding and application of the ‘real possibility’ test, and the CCRC’s processes for oversight and quality control of casework. The Ministry of Justice has asked the interim Chair to consider the issue of prohibition of disclosure and, if she concludes that this is hampering the effectiveness of the CCRC, to include this in her recommendations.