David Emanuel obtains permission to judicially review the Criminal Cases Review Commission's refusal to refer murder conviction

Tuesday 5 June 2018

In an exceptional ruling, the Administrative Court agreed with David’s submissions that it was arguable that the Criminal Cases Review Commission (CCRC) had failed to apply the law properly in the case of a 2004 murder conviction.

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In 2014 David drafted an application to the CCRC to refer the murder conviction back to the Court of Appeal based on fresh medical evidence relating to forensic neuropathology.

In 2017 the CCRC refused to refer the case. Despite further representations, the CCRC refused to change its decision.

David then drafted grounds judicially reviewing their decision arguing they had failed to consider the impact of the fresh evidence and submitting they had misapplied the legal test for a referral.

The application was initially refused but despite the fact that applications for permission to judicially review the CCRC are rarely granted, David renewed the application.

In an oral hearing on 23rd May 2018, Mr Justice Ouseley agreed with David’s submissions and in a reserved judgment granted permission “exceptionally” on 24th May.

A full judicial review hearing will take place in July.

David Emanuel is a member of the Garden Court Chambers Crime and Criminal Appeals Team and is instructed by Steven Bird of Birds Solicitors.

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