Proposal to ease appeal barriers for potentially unsafe convictions

More potential wrongful convictions could be sent back to the court of appeal under proposals to change the way the miscarriages of justice watchdog decides cases.

- Emily Dugan

Suggestions by the Law Commission, which reviews legislation in England and Wales, for reform of the criminal appeals system include making it easier for those cleared of crimes to receive compensation and enabling investigation into allegations of jury misconduct.

At the moment cases can be referred back to the court of appeal by the Criminal Cases Review Commission (CCRC) only if it decides there is a "real possibility" that the conviction will be overturned, but the Law Commission found this could lead to the watchdog focusing its investigations too narrowly.

In a consultation paper published today, the Law Commission also proposes that the CCRC should be subject to an inspectorate. It follows allegations in the Guardian about the way the organisation has been run.

The CCRC's chief executive, Karen Kneller, will face MPs on the justice select committee in April, alongside the head of casework and an interim chair, if one has been appointed.

Andrew Malkinson is one of several miscarriage of justice victims who might have been referred to the court of appeal sooner if the test had been less stringent. He first applied to the CCRC in 2009 and it was only on his third attempt that his case was sent back for appeal.