The Criminal Cases Review Commission faces a significant test as it prepares to decide whether to refer Lucy Letby’s convictions to the Court of Appeal, a move that could set a new precedent for the agency.
Recent scrutiny of the commission’s track record
Over the past year, its credibility has been questioned after two high‑profile miscarriages of justice were exposed. Andrew Malkinson spent 17 years behind bars for a rape he did not commit, while Peter Sullivan served 38 years for a murder he was later cleared of. Both men had previously approached the body, but their cases only succeeded after new forensic evidence emerged.
A review conducted by Chris Henley KC highlighted procedural drift in handling the Malkinson case. The justice select committee echoed these concerns, suggesting the organization struggled to learn from its errors. Leadership turnover added to the picture, with both the chair and chief executive departing within the first half of last year.
Efforts to rebuild confidence
Vera Baird was appointed as interim chair to steer the commission back on course. A recent report from the Crown Prosecution Service Inspectorate issued 34 recommendations aimed at clarifying roles, cutting delays, and improving staff training. While the document noted ongoing challenges, it also affirmed that its case assessments were “ultimately sound.” In the 60 cases reviewed, decisions held up under scrutiny.
Statistics show a mixed picture. The proportion of referrals that have led to overturned convictions stands at 77.8 % for the current year, and applications have surged to 1,841 in 2025‑26, a rise of nearly 20 % from the previous cycle. Whether this reflects a rise in wrongful convictions or greater public awareness is still uncertain.
Trust must be earned.
The commission must balance its role as a “place of last resort” with the need for transparency. The upcoming public inquiry into Letby’s case will add another layer of complexity, as lawyers present fresh medical expert testimony that could change the evidential picture.
Given the recent history, restoring confidence will likely require more than procedural tweaks. Continuous oversight, clear communication, and demonstrable outcomes will be essential if the body hopes to maintain its place in the justice system.
While its mandate remains vital, the path to rebuilding confidence may be longer than anticipated. Even with the recommended reforms, public perception can shift slowly, and any future errors could reignite scrutiny.
In the meantime, the workload continues to climb, highlighting the importance of robust internal checks. The final decision on Letby’s appeals will be watched closely, not only for its legal implications but also as a measure of the commission’s capacity to manage complex, high‑stakes cases after recent setbacks.
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