R v Criminal Cases Review Commission, ex parte Pearson

JurisdictionEngland & Wales
Date1999
Year1999
CourtQueen's Bench Division
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111 cases
  • R v Erskine; R v Williams
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 14 July 2009
    ...conclusion was that “in the last analysis as appears from all these decisions each case turned on its own facts”. 51 R v Criminal Cases Review Commission ex parte Pearson [2000] 1 Cr App R 141, involved an application for judicial review of a decision by the Criminal Cases Review Commissio......
  • Daniel v The State
    • United Kingdom
    • Privy Council
    • 23 May 2012
    ...before the trial jury a defence known to be available": R v Erskine and Williams [2010] 1 WLR 183 at para 90, quoting R v Criminal Cases Review Commission, Ex p Pearson [1993] 3 All ER 498, 517. Mr Knox submits that the decision not to run diminished responsibility was taken for tactical r......
  • R (Edwards) v Criminal Cases Review Commission
    • United Kingdom
    • Queen's Bench Division (Administrative Court)
    • 13 October 2008
    ...test to be applied by the court in present circumstances was stated by Lord Bingham of Cornhill, Chief Justice, in R v Criminal Cases Review Commission, Ex parte Pearson [1999] 3 All E.R. 498, at page 521: “The real test must be to ask whether the reasons given by the Commission betray, to ......
  • R v Dallas (Glenn Kenneth)
    • United Kingdom
    • Court of Appeal (Criminal Division)
    • 8 July 2010
    ...lurking doubt, or uneasiness, as to whether an injustice has been done as mentioned by Lord Bingham (when Lord Chief Justice) in R v CCRC ex parte Pearson [1999] 3 All ER 498 at page 503 applies to this case. 26 For the reasons we have sought to give, we are perfectly satisfied that the app......
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9 books & journal articles
  • Table of Cases
    • Canada
    • Irwin Books Forensic Investigations and Miscarriages of Justice. The Rhetoric Meets The Reality Part Three
    • 15 June 2010
    ...Causley, [2003] EWCA Crim 1840 ............................................................. 85, 88– 89 R. v. CCRC ex parte Pearson, [1999] 3 All E.R. 498 ...................................................... 333 R. v. Clark (No. 2), [2003] EWCA Crim 1020 .........................45, 46–47......
  • Chapter 11 Beyond Adjudication: Clemency, Innocence Commissions, and the Aftermath of Exoneration
    • United States
    • Carolina Academic Press Wrongful Conviction: Law, Science, and Policy (CAP) 2019
    • Invalid date
    ...criminal convictions and elementary fairness. In a case arising early in the operation of the CCRC, Regina v. CCRC ex parte Pearson, [1999] 3 All ER 498, 1999 WL 477999, Lord Chief Justice Bingham of the Queen's Bench observed: The "real possibility" test prescribed in section 13(1)(a) of t......
  • The Right to Appeal and Workable Systems of Justice
    • United Kingdom
    • Wiley The Modern Law Review No. 65-5, September 2002
    • 1 September 2002
    ...a person who isdead (RvMaguire [1992] QB 936).45 See the judgment of Lord Bingham CJ in RvCriminal Cases Review Commission Ex p Pearson(1999) 3 All ER 498.46 Although the figures vary from year to year, it would be fair to say that on average one third of leaveapplications for conviction ap......
  • ‘Unsafe’ Convictions: Defining and Compensating Miscarriages of Justice
    • United Kingdom
    • Wiley The Modern Law Review No. 66-3, May 2003
    • 1 May 2003
    ...1996) 181.26 For a discussion on the two interpretations of ‘unsafe’ see Mantell LJ’s judgment in RvHanratty[2002] 2 Cr App R 30.27 [1999] 3 All ER 498, 503D-C.28 [1999] EWCA Crim 606.29 [1994] COD 504 CA.30 For a further example of the difficulties in satisfying this part of the test see Rv......
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