Schedule 11 – Powers of the Criminal Cases Review Commission
837.This Schedule confers powers on the Criminal Cases Review Commission in relation to convictions by service courts and sentences passed in relation to such convictions. It also makes a number of amendments which are necessary as a result of the introduction of these powers.
838.Paragraph 1 amends the Court Martial Appeals Act 1968 so that the CMAC can direct the Commission to investigate a case and report to the court. This reflects the existing power of the Court of Appeal under section 23A of the Criminal Appeal Act 1968.
839.The remainder of the Schedule amends the Criminal Appeal Act 1995 (“the 1995 Act”), which governs the powers of the Commission. Paragraph 2 inserts new sections 12A and 12B. The new section 12A enables the Commission to refer to the CMAC a conviction by the Court Martial (including a conviction on appeal from the SCC), a sentence imposed by the Court Martial in relation to such a conviction, or a sentence imposed by the Court Martial on an appeal against a sentence imposed by the SCC. A reference counts as an appeal against the conviction or the sentence, as the case may be.
840.The new section 12B similarly enables the Commission to refer to the Court Martial a conviction or sentence of the SCC. Where there has already been an appeal to the Court Martial, however, any reference by the Commission will be to the CMAC under section 12A. In the absence of exceptional circumstances a reference under section 12B will be possible only where no appeal has yet been brought, and leave to appeal out of time has been refused.
841.Section 17 of the 1995 Act entitles the Commission to require the disclosure by a public body of documents relevant to an investigation. Section 18 replaces this with a more limited duty of disclosure where the documents in question are held by a government department in connection with consideration of the case by the Secretary of State (with a view to a possible reference to the Court of Appeal under section 17 of the Criminal Appeal Act 1968 - which was repealed by the 1995 Act), or, a recommendation for the exercise of the prerogative of mercy. Paragraph 7 of the Schedule amends section 18 of the 1995 Act so that section 17 is similarly excluded in the case of documents held in connection with consideration of a possible reference to the CMAC (under section 34 of the Court Martial Appeals Act 1968 - which is not repealed by the Act), or, a recommendation for the exercise of the prerogative of mercy in relation to a service conviction.
842.Section 19 of the 1995 Act gives the Commission power to require the appointment of an investigating officer to carry out inquiries. Where the original investigation was carried out by a police force, the Commission can require the chief constable to appoint either a person serving in that force or a person serving in another force. Paragraph 8 of the Schedule amends section 19 so that, where the investigation was carried out by service personnel, the Commission can impose a similar requirement on the Provost Marshal for the Service in question. He can be required to appoint either a person serving in his own service police force or a person serving in one of the other service police forces or a civilian force.