Change is on the horizon for the criminal justice system in England and Wales. In February 2025, the Law Commission launched a consultation proposing wide-ranging reforms to how criminal appeals are handled. That consultation closed on 27 June 2025, and now the Commission is reviewing responses before publishing its final recommendations in 2026.
These proposals could have a major impact on individuals considering an appeal or already engaged in the process. From removing barriers to compensation to expanding the powers of the Criminal Cases Review Commission (CCRC), the potential reforms mark a significant shift in how miscarriages of justice are identified and corrected.
In this blog, our criminal appeals team at Carson Kaye explore the Law Commission's proposals, what they could mean in practice, and what clients and legal professionals can do now to prepare for what's ahead.
What's the Purpose of the Review?
The current criminal appeals system has long been criticised for being overly rigid, difficult to navigate, and resistant to new evidence, particularly in cases of wrongful convictions. The Law Commission was asked to address these concerns and suggest ways to make the system more effective, transparent, and just.
The 700-page consultation paper sets out more than 150 provisional recommendations. These range from technical changes, to appeal procedures, to broader reforms that could reshape how the justice system acknowledges and addresses past errors.
In short, this is not a superficial review. It's a serious attempt to rebalance the appeals process in favour of fairness, without undermining the integrity of trial courts.
Who Could These Reforms Affect?
These proposed changes are not just relevant to high-profile cases. They have the potential to affect a wide range of people, including:
- Individuals appealing convictions or sentences, especially where new evidence has come to light or concerns have been raised about jury conduct or procedural fairness.
- Those applying for compensation after a wrongful conviction.
- Clients dealing with regulatory or fraud-related convictions, particularly where cases were complex and fact-heavy.
- Appellants from the magistrates' court, seeking a fresh hearing of the disputed issues .
If you're involved in, or considering, an appeal, these proposals could reshape the legal tools available to you in the near future.
What Are the Key Proposals?
Here are some of the most significant changes currently being considered:
A New Test for the CCRC
At the moment, the Criminal Cases Review Commission can only refer a case back to the Court of Appeal if it believes there is a "real possibility" the conviction or sentence would be overturned. This means the CCRC has to second-guess how the appeal court might rule, which can discourage referrals, even where concerns about a case are genuine.
The Law Commission wants to scrap this requirement and replace it with a test based on whether the conviction is "unsafe" in the CCRC's own opinion. This could open the door to more referrals and give the Commission greater independence to act in the interests of justice.
Independent Oversight of the CCRC
There is also a proposal to introduce external inspections of the CCRC. This would bring greater transparency to its decision-making process and provide a check on how it handles applications, particularly in long-running or high-profile cases.
Making Compensation More Accessible
At present, even after a successful appeal, it can be extremely difficult to secure compensation for a wrongful conviction. Claimants must prove their innocence beyond reasonable doubt. This is often a high bar that many can't meet, even after being fully acquitted.
The consultation suggests lowering this to the civil standard of "balance of probabilities." That change could dramatically improve access to justice for people whose lives have been derailed by wrongful convictions.
Simplifying Appeals from Magistrates' Courts
The consultation proposes scrapping the outdated "case stated" procedure, which currently governs some High Court appeals from Magistrates' Courts. In its place would be a simpler and more flexible route that allows challenges based on points of law or procedural unfairness.
This is likely to benefit individuals and businesses appealing convictions for regulatory or summary offences, where legal errors may have occurred.
Investigating Jury Irregularities
Currently, investigating misconduct by jurors, such as bias or external influence, is extremely difficult due to strict rules protecting jury secrecy. The proposed reforms would allow courts and the CCRC to investigate allegations of jury misconduct more thoroughly, using statutory powers.
Greater Access to the Supreme Court
Under current rules, appeals can only reach the Supreme Court if the Court of Appeal (or High Court) agrees that the case involves a point of law of public importance. The Law Commission proposes removing this requirement, making it easier for criminal cases to be heard by the UK's highest court.
Extending Appeal Deadlines
Finally, the Commission recommends extending the time limit to appeal from 28 days to 56 days, with the deadline starting from the date of sentencing rather than conviction. This would give legal teams more time to gather evidence and file a comprehensive appeal.
What Do the Reforms Mean?
While these changes haven't come into force yet, they strongly indicate the direction in which the system is headed. If the reforms are implemented, they could result in:
- More successful CCRC referrals, especially in historic or complex cases.
- A greater likelihood of compensation following an overturned conviction.
- Simpler procedures for appealing magistrates' decisions, helping reduce delays and costs.
- New grounds to appeal based on jury misconduct, offering routes that previously didn't exist.
- More cases reaching the Supreme Court, helping to shape the future direction of criminal law.
These proposals offer a glimmer of hope for individuals who believe they have been wrongly convicted or who are already navigating the appeals process. A future in which justice is more accessible, even for those who have been failed by the system in the past.
What Steps Can You Take Now?
Although final reform proposals won't arrive until 2026, there's plenty that legal professionals and clients can start doing now:
- Stay informed — Keep track of updates from the Law Commission and other legal bodies, including the Ministry of Justice.
- Review ongoing appeals — Consider whether these proposals could affect your client's case strategy or evidence-gathering efforts.
- Prepare for change — Begin training your legal team on the implications of the new standards for the CCRC, Supreme Court access, and compensation claims.
- Advise clients early — Explain how the reforms might offer new routes to justice and what preparations should begin now in anticipation.
A Chance to Rebuild Trust in the Appeals Process
These proposals, if adopted, could reshape the criminal appeals system for a generation. They offer an opportunity to address longstanding criticisms, rebuild public confidence, and help more people access the justice they deserve.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
