Assisting the Factually Innocent: The Contradictions and Compatibility of Innocence Projects and the Criminal Cases Review Commission

The Criminal Cases Review Commission (CCRC) was the first publiclyfunded body created to investigate claims of wrongful conviction,with the power to refer cases to the Court of Appeal. In othercountries, such as Australia, Canada and the United States,many regard the CCRC as the optimal solution to wrongful convictionand, for years, Innocence Projects in these countries have calledfor the establishment of a CCRC-style body in their own jurisdictions.However, it is now Innocence Projects which are being introducedin England and Wales to try to assist applicants who are innocentbut convicted. This article reviews why the CCRC was created,discusses the role of factual innocence within this body andwithin the criminal justice system generally and explores whyInnocence Projects are being created in England and Wales, despitethe presence of the CCRC. It explains how these different organizationsmay work together to assist factually innocent people who havebeen wrongly convicted, and the role Innocence Projects mayplay generally in criminal justice reform and legal education.