When Justice Goes Rogue: Can the Criminal Cases Review Commission do its Job?

The Criminal Cases Review Commission (CCRC) is a vital cog in the UK legal system but both before and after the catalogue of failures in handling of the Andrew Malkinson case were laid out in great detail in Chris Henley KC’s 2024 Report (https://cdn.websitebuilder.service.justice.gov.uk/uploads/sites/5/2024/10 henleyreport.pdf) it was widely regarded as an institution in permanent crisis, badly managed and apparently incapable of fulfilling the goals which lead to its creation via the Criminal Appeal Act 1995 in the wake of a series o high profile legal cases and miscarriages of justice. In this week’s episode Ken Macdonald KC and Tim Owen KC are joined by the Chair of the CCRC, Dame Vera Baird KC, for expert legal commentary and ask why she took on the job in 2025 following the resignation of the much criticised former Chair, Helen Pitcher, and whether she is optimistic that she can turn the organisation around despite the numerous structural flaws identified in the recently published Report by His Majesty’s Crown Prosecution Service Inspectorate (https://hmcpsi.justiceinspectorates.gov.uk/report/criminal-cases-review commission-casework/). Does the baleful legacy of remote working contracts – which means that almost all the CCRC’s staff work from home rather than in its Birmingham office – represent a fundamental obstacle to reforming the dysfunctional work environment exposed by the HMCPSI Report? Does the CCRC have enough people with criminal law experience working on its caseload? And are the CCRC Commissioners – intended at the outset to provide real expertise and detailed oversight of casework – too detached and insufficiently involved in day-to-day work to maintain effective scrutiny of case workers? Does the “real possibility” statutory test - which requires the CCRC to predict whether it thinks the Court of Appeal will overturn a conviction – force the CCRC to be overly deferential to the judiciary, raising real questions about correcting miscarriages of justice and effectively turning it into a gatekeeper rather than a bold investigative advocate for justice? Can Dame Vera be confident that there will never be another disaster such as the Malkinson case under a reformed CCRC? -- Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain's legal and political future.  ​ What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds powerin Britain's legal and political system?  Get answers to questions like these weekly on Wednesdays. Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.  ​ Ken Macdonald KC served as Director of Public Prosecutions from 2003 2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law. ​ ​ Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.  Both bring unparalleled experience from the frontline of Britain's legal and political landscape.  ​ If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you'll love Double Jeopardy. Learn more about your ad choices. Visit megaphone.fm/adchoices