Absurd Asymmetry – a Comment on R v Cottrell and Fletcher1 and BM,KK and DP (Petitioners) v Scottish Criminal Cases Review Commission2 |
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| Authors: | Richard Nobles David Schiff |
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| Institution: | 1. Department of Law, Queen Mary, University of London;2. aDepartment of Law, Queen Mary, University of London. We would like to thank our colleague David Ormerod and Peter Duff, University of Aberdeen, for their comments on a draft of this case note. |
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| Abstract: | This note examines two cases in which English and Scottish courts have insisted that the English and Scottish Criminal Cases Review Commissions adopt the same definition and approach as them to alleged ‘miscarriages of justice’ in order to reduce the number of potential referrals and increase finality, and to reduce the challenge posed by these Commissions to the courts' authority in the legal sphere. The authors consider whether the courts' approach is either necessary or appropriate. |
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| Keywords: | Criminal Cases Review Commission Criminal Appeals grounds |
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