Law Commission consultation on criminal appeals - Law Society response

We responded to the Law Commission’s consultation on substantial reforms to the law governing criminal appeals.

07 Jul 2025

1 minute read

The proposals

In the consultation, the commission considers:

the principles that should govern the criminal appeals system
appeals from “summary proceedings” in magistrates’ courts
appeals by children and young people and reviews of certain sentences
convicted persons’ appeals to the Court of Appeal Criminal Division (CACD) and the “substantial injustice” test it applies to appeals based on a change in the law
the CCRC – specifically its “real possibility” test for deciding whether to refer convictions or sentences to appeal courts

Our view

We support the proposal to retain the right of a person convicted in the magistrates’ court to have an appeal in the Crown Court through a rehearing.

We consider that the ‘safety’ test for upholding a conviction by the Court of Appeal should be revised to include an ‘interests of justice’ component.

We support proposals to reform the law on compensation for miscarriages of justice, making it easier for people to claim compensation where they have been the victim of a miscarriage of justice.

We also support abolishment of the rule, introduced in 2014, that they must prove beyond reasonable doubt that they are innocent of the crime.

What this means for solicitors

The Law Commission’s law reform project on criminal appeals could drive substantial changes to the law.

Criminal law solicitors, whether they represent clients accused of criminal offences or work as prosecutors, will need to be aware of any future changes to the law relating to criminal appeals arising from this.