Convicted individuals’ experiences of accessing the justice system via the CCRC, and of seeking legal advice to assist with applications to it, are crucial for understanding how people encounter (post)appeal procedures, their perceptions of priorities for change, and applicants’ perceptions of legitimacy in the criminal process more broadly.
The CCRC has faced increasing levels of scrutiny and criticism about the way it examines and makes decisions about suspected miscarriages of justice. In 2021, the CCRC’s Chair stated that public scrutiny of its work ‘has never been more crucial given the impact of reduced funding across the criminal justice system’. However, people who seek to have their case reviewed by the CCRC have rarely had their experiences of ongoing legal need independently and systematically analysed.
Documenting these experiences is especially important in light of the Law Commission’s ongoing consultation on Criminal Appeals. Without increasing understanding about people’s experiences, we cannot make change that could make the system more accessible to applicants.
About the project
In light of these issues, with my colleague Amy Clarke, I am conducting research on people’s experiences of trying to have their case reviewed and/or appeal, building on previous research into access to justice and the CCRC. The research is being done independently of the CCRC, and has been funded by the Nuffield Foundation, a charitable organisation interested in justice system issues.
Experiences of access to justice through the CCRC cannot be fully understood without user perspectives. Specifically, our project will explore how (prospective) applicants to the CCRC experience the (post)appeal stage of the justice system, including in the context of legal aid cuts.
The proportion of people who apply to the CCRC following legal advice has declined since 2014, correlating with issues arising from funding cuts. The apparent correlation between funding cuts and declining levels of representation (from 33% of applicants in 2010, to around 5% in 2022), makes it critical for the CCRC to adapt its processes to cater for unrepresented applicants. The impact of funding cuts and appellate processes have never been examined together from applicants’ perspectives.
We aim to ascertain where barriers to access exist, within and beyond the funding system and the CCRC, and explore how applicants experience disadvantage. Ultimately, we aim to produce recommendations that will make the system more accessible from (prospective) applicants’ perspectives.
What are our aims?
Our overall objectives are to produce new information and to make recommendations that create opportunities for change, including in relation to:
CCRC processes/procedures that better accommodate (unrepresented) applicants’ needs. We will add to the CCRC’s knowledge about applicant perspectives and how users have been affected by dwindling access to legal advice, and to advise them in developing policies/practices to mitigate any negative trends.
greater awareness of applicant experiences at policy-maker level.
better understanding of applicant/client experiences among defence lawyers. We will inform lawyers about how their clients may have been affected by funding cuts, creating opportunities for lawyers to alter their practices and better cater for clients’ needs.
greater awareness about funding, and the CCRC, among the applicant community.
Do you want to be involved?
If you are interested in our work, there are several ways in which you might be able to get involved.
We are currently conducting interviews with people who have experience of trying to appeal their cases. If you have experience of these processes and are willing to spend 60-90 minutes speaking with Amy or I about your experience of the CCRC and appeals, we would be delighted to hear from you. We can conduct interviews over the phone, online, or in person. Responses will be anonymised. If you are interested in participating in our project, we can provide you with more details about how to get involved.
If you are unable to participate yourself, but know other people who might be able to participate, please share our information and invite others to contact us. Please do also share this information among any networks who might have relevant interests.
Unfortunately, we are unable to provide advice or listen with the appeals process for an application to the CCRC.
If you would like to participate, or simply want more information about the project, please don’t hesitate to contact us via:
Phone or text: 07716 826482
Email: CCRCApplicants@sussex.ac.uk
Lucy Welsh is a Reader (Associate Professor) in Criminal Justice at the University of Sussex.