that a miscarriage of justice had occurred. The significance of this discretion lay in the fact that it could be exercised notwithstanding that the time limits for lodging an appeal to had expired long ago. Following criticisms of the involvement of politicians in this aspect of the criminal justice process the 1995 Act withdrew the Home Secretary’s powers of referral and instead vested them in an independent body, the Criminal Cases Review Commission. Under s 5 of the 1995 Act (amending s 23 of the Criminal Appeal Act 1968) the Court of Appeal can ask the Criminal Cases Review Commission to investigate a particular case on its behalf:

ABSTRACT

Power to order investigations. 23A(1) On an appeal against conviction the Court of Appeal may direct the Criminal Cases Review Commission to investigate and report to the Court on any matter if it appears to the Court that –

(a) the matter is relevant to the determination of the case and ought, if possible, to be resolved before the case is determined;

(b) an investigation of the matter by the Commission is likely to result in the Court being able to resolve it; and