The Criminal Cases Review Commission (CCRC) has held talks with Home Office officials about extending its powers to obtain documents beyond those held by public bodies, it emerged this week.
The Gazette understands that the CCRC would like to have the ability to force private companies to provide documents such as telephone call records or banking and insurance details where they are relevant to cases under review.
Writing in its annual report, chairman Professor Graham Zellick said the commission was also hoping to extend its powers to obtain documents to Scotland and overseas.
Criticising the lack of 'a simple and straightforward enforcement mechanism', he said: '[These changes] would, in our view, strengthen our effectiveness. We hope appropriate legislative vehicles to effect at least some of these changes will present themselves before long.'
The report revealed that of the 885 cases reviewed in the last financial year - down from 932 in the previous year - some 96% of applications failed to show any miscarriage of justice.
Prof Zellick insisted that the commission was not discouraged by these figures. 'Overall, our work can give reassurance to Parliament and the public that the overwhelming majority of convictions - at least those seen by us - are safe,' he said.
He added that although many cases did not make it through to appeal, there may be some that disclose a defect in the law, practice or procedure that could be usefully examined by the likes of the Home Office or the Law Commission.
In 2003/4, the CCRC referred 23 convictions and four sentences to the Court of Appeal, and three convictions to the Court of Appeal in Northern Ireland.
Philip Hoult and Richard Tromans
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