As a consequence of the decision of the Supreme Court of the UK in R v Jogee, the Criminal Cases Review Commission (CCRC) has issued this statement. The statement notes that there may be a "significant impact on the number of applications received by the CCRC" but also notes that "the decision will affect other cases only in very specific circumstances."
The statement then goes on to say: "The number of cases that end up back at the Court of Appeal will very much depend on matters such as how the individual circumstances of cases relate to the facts in Jogee and on how the attitude of the Court of Appeal develops in relation to Jogee-type cases."
The CCRC will be taking Jogee into account "in relation to all of the relevant applications under consideration at the time of the judgment on 18th February 2016."
The CCRC also expects "to receive a number of re-applications from former applicants who now think that the decision in Jogee may affect their cases. There are likely to also be some people who have lost appeals against conviction and may now wish to apply to the CCRC in light of Jogee."
The Commission is empowered by statute to refer a case to the Court of Appeal at any time: see the Criminal Appeals Act 1995 section 9 but this subject to section 13 which places some restrictions on the Commission's ability to refer a case. Anyone considering asking the CCRC to refer a case should obtain expert legal advice. The CCRC may not refer a case unless it considers that there is a real possibility that the conviction, verdict, finding or sentence would not be upheld.
It remains to be seen by which route the first Jogee-related case reaches the Court of Appeal. The first such case to be decided by the Court will be very likely to impact on other potential applications.
The Supreme Court Judgment in the case of Jogee is available on line . Previous posts about R v Jogee are HERE and HERE.
Guidance about applying to the CCRC is available on the CCRC website.