At the moment cases can only be referred back to the court of appeal by the Criminal Cases Review Commission (CCRC) if it decides there is a “real possibility” that the conviction will be overturned, but the Law Commission found this could lead to the watchdog focusing its investigations too narrowly.
Prof Penney Lewis, the commissioner for criminal law, said: “We received persuasive evidence that the ‘real possibility’ test used by the CCRC may lead the CCRC to focus its investigations too narrowly and so neglect lines of inquiry that might exonerate a person.
Concerns that the “real possibility” test would miss cases were first raised by MPs in 1999 when the CCRC was in its infancy – and it has been an issue of growing concern among appeal lawyers.
More potential wrongful convictions could be sent back to the appeal court under proposals to change the way the miscarriages of justice watchdog decides cases.
Maddocks said: “The law needs to be overhauled so that appeal judges can use their discretion over whether new and fresh evidence can be allowed to be introduced when the ultimate aim is to achieve justice.
