The government should think again about tampering with the law on technicalities and unsafe convictions, says Peter Ferguson QC
Nearly 18 months ago the government published a brief consultation paper on how it should amend the law to prevent defendants getting their convictions quashed on grounds which did not call into question their guilt (Quashing Convictions, September 2006). I expressed some concern at the government’s paper, which sought views not on the desirability of the objective but merely on the means of achieving it (see 156 NLJ 7245, pp 1582–84). After a short consultation period the Ministry of Justice, in June 2007, introduced the Criminal Justice and Immigration Bill which was carried over into the next session. Part 3 of the Bill deals with appeals (see 157 NLJ 7282, p 1039). There are three clauses which merit closer examination.
CLAUSE 42
Clause 42 of the Bill, in its present form now before the House of Lords, amends the Criminal Appeal Act 1968 (CAA 1968), s 2 to insert a new sub-section: “(1A) For the purposes of sub-s
