Colour of burns

[Bubo bubo]

Oh yes it does exist…. “Gallows Humour”. grim and ironic humour in a desperate or hopeless situation.

'Gallows Humour' is more usually seen in the spoken word rather than as a physical act but does exist.

[Bubo bubo]

He will go to the High court, just to ask for a judicial Review, a judicial review of the CCRC first which isn’t the same thing as overturning a conviction.

My understanding is that there are legal routes to address the High court directly irrespective of the CCRC's decisions. Not an expert so can ngb shed light on this aspect.

[snow66!]

I don't recall that you asked, of me, any of the above. Snow! However, supposing you had, there's no way I could lay on the floor and be level with the Aga. There are cupboard at right angles to it, and if I laid full length, my head would be on the Aga surround. SO, you're correct. not only has Jane not complied with a request she has no recall of, I can't think she wouldn't have explained why, if she had! Really, given the lengths I went to to give dimensions, I can't think why such wasn't enough. On the other hand, it's perfectly possible that I dismissed the request as ludicrous?

It was actually you who suggested lying against the Aga, Jane!
Go to page 16 and scroll down to 'The beauty of THREE marks for supporters' , then read reply no169 [yours] and then replies 173 and 178 [mine] .

[snow66!]

It was actually you who suggested lying against the Aga, Jane!
Go to page 16 and scroll down to 'The beauty of THREE marks for supporters' , then read reply no169 [yours] and then replies 173 and 178 [mine] .

Oh just one other thing, Jane, you say you gave measurements? well could you please measure the height from the floor to the middle of the handle?
Presumably your Aga sits directly on the floor and is not on a plinth? or is it raised at all?

[Hardy Boy]

My understanding is that there are legal routes to address the High court directly irrespective of the CCRC's decisions. Not an expert so can ngb shed light on this aspect.

No, you cannot go straight to the High Court to appeal the Criminal Cases Review Commission (CCRC)'s decision itself. If the CCRC rejects your application, the only way to challenge that decision is by applying for a judicial review in the Administrative Court (a part of the High Court).
Challenging a CCRC Decision
A judicial review is a different legal process from an appeal.
Judicial Review: This process does not re-examine the facts of your original criminal case or determine if the CCRC's decision was "wrong" in substance. Instead, it assesses whether the CCRC's decision-making process was unlawful, unfair, or unreasonable (e.g., if they failed to take into account relevant information or acted illogically).
Outcome of Judicial Review: If successful, the High Court will not overturn your conviction but will quash the CCRC's decision and order the CCRC to look at your case again, applying the correct legal principles.
Time Limits: There are strict time limits for applying for judicial review, generally within three months of the CCRC's final decision. You should seek independent legal advice if considering this route.

[Jonathan]

No, you cannot go straight to the High Court to appeal the Criminal Cases Review Commission (CCRC)'s decision itself. If the CCRC rejects your application, the only way to challenge that decision is by applying for a judicial review in the Administrative Court (a part of the High Court).
Challenging a CCRC Decision
A judicial review is a different legal process from an appeal.
Judicial Review: This process does not re-examine the facts of your original criminal case or determine if the CCRC's decision was "wrong" in substance. Instead, it assesses whether the CCRC's decision-making process was unlawful, unfair, or unreasonable (e.g., if they failed to take into account relevant information or acted illogically).
Outcome of Judicial Review: If successful, the High Court will not overturn your conviction but will quash the CCRC's decision and order the CCRC to look at your case again, applying the correct legal principles.
Time Limits: There are strict time limits for applying for judicial review, generally within three months of the CCRC's final decision. You should seek independent legal advice if considering this route.

Given an applicant does not have to wait for a final decision before seeking a judicial review I guess this is what the crowdfunding is for.

[Hardy Boy]

Oh just one other thing, Jane, you say you gave measurements? well could you please measure the height from the floor to the middle of the handle?
Presumably your Aga sits directly on the floor and is not on a plinth? or is it raised at all?

Jane, don’t stop at measurements we’ll need a pig, a log, and a volunteer doing Aga Yoga. Would there be any chance of a pig roast for four hours while you’re measuring up Jane? 😄

[Bubo bubo]

No, you cannot go straight to the High Court to appeal the Criminal Cases Review Commission (CCRC)'s decision itself. If the CCRC rejects your application, the only way to challenge that decision is by applying for a judicial review in the Administrative Court (a part of the High Court).
Challenging a CCRC Decision
A judicial review is a different legal process from an appeal.
Judicial Review: This process does not re-examine the facts of your original criminal case or determine if the CCRC's decision was "wrong" in substance. Instead, it assesses whether the CCRC's decision-making process was unlawful, unfair, or unreasonable (e.g., if they failed to take into account relevant information or acted illogically).
Outcome of Judicial Review: If successful, the High Court will not overturn your conviction but will quash the CCRC's decision and order the CCRC to look at your case again, applying the correct legal principles.
Time Limits: There are strict time limits for applying for judicial review, generally within three months of the CCRC's final decision. You should seek independent legal advice if considering this route.

Sorry HB wrong court. He can go straight to the Court of appeal.
This is what happened in the Malkinson Case.

The High Court was not involved. Criminal conviction appeals go to the Court of Appeal, not the High Court, unless the issue is judicial review of a decision by a public body (e.g., CCRC). Malkinson’s successful challenge was a direct appeal heard by the Court of Appeal.

[Hardy Boy]

Given an applicant does not have to wait for a final decision before seeking a judicial review I guess this is what the crowdfunding is for.

Ive always thought this was the process, if I’m wrong I accept it, but I’ve searched different avenues on this subject. I never mentioned the crowd funded, I agree that’s what the money might eventually be needed for, but snow put this, it says they may go directly to the High court!  Like Bubo said, I’m sure NGB will clarify, we might be all half right on this?

If your case is rejected by the Criminal Cases Review Commission (CCRC), you have a few options for recourse: judicial review, making a formal complaint about the process, or submitting a new application if fresh evidence becomes available. The CCRC's decision not to refer a case to an appeal court is typically final unless challenged through specific legal avenues.
Options Following CCRC Rejection
Judicial Review: You can challenge the CCRC's decision in the Administrative Court through a process called judicial review. This is not an appeal of the original conviction itself, but a challenge to the lawfulness of the CCRC's decision-making process. To succeed, you usually need to show that the CCRC acted:
Irrationally or unreasonably: For example, by failing to consider relevant information, taking irrelevant information into account, or making a decision that was illogical.
Wrong in law: Meaning the CCRC made a legal error in its process.
Procedurally improperly: Such as by failing to follow its own rules or established procedures.
Judicial review is a complex legal process, and it is highly recommended you seek independent legal advice if considering this route.

[Hardy Boy]

Sorry HB wrong court. He can go straight to the Court of appeal.
This is what happened in the Malkinson Case.

The High Court was not involved. Criminal conviction appeals go to the Court of Appeal, not the High Court, unless the issue is judicial review of a decision by a public body (e.g., CCRC). Malkinson’s successful challenge was a direct appeal heard by the Court of Appeal.

Im not sure Bubo, I just read that they can’t go straight to the High Court, and I remember Bamber challenging the CCRC decision last time.

[Jonathan]

Sorry HB wrong court. He can go straight to the Court of appeal.
This is what happened in the Malkinson Case.

The High Court was not involved. Criminal conviction appeals go to the Court of Appeal, not the High Court, unless the issue is judicial review of a decision by a public body (e.g., CCRC). Malkinson’s successful challenge was a direct appeal heard by the Court of Appeal.

Malkinson was referred by the CCRC

[Hardy Boy]

Sorry HB wrong court. He can go straight to the Court of appeal.
This is what happened in the Malkinson Case.

The High Court was not involved. Criminal conviction appeals go to the Court of Appeal, not the High Court, unless the issue is judicial review of a decision by a public body (e.g., CCRC). Malkinson’s successful challenge was a direct appeal heard by the Court of Appeal.

Yes, the Criminal Cases Review Commission (CCRC) referred Andrew Malkinson’s case to the Court of Appeal in January 2023. This referral, based on new DNA evidence, led to the quashing of his rape conviction in July 2023 after he spent 17 years in prison. An independent review later found the CCRC failed him by missing earlier chances to refer the case.

[Hardy Boy]

Malkinson was referred by the CCRC

You beat me to it.

[Bubo bubo]

You beat me to it.

Not in my book.

[Bubo bubo]

Yes, the Criminal Cases Review Commission (CCRC) referred Andrew Malkinson’s case to the Court of Appeal in January 2023. This referral, based on new DNA evidence, led to the quashing of his rape conviction in July 2023 after he spent 17 years in prison. An independent review later found the CCRC failed him by missing earlier chances to refer the case.

EXACTLY

Here is the Malkinson case sequence.

How the Case Moved Through the Courts
1. Original Trial
- Court: Manchester Crown Court (Crown Square)
- Year: 2004
- Outcome: Convicted by a 10–2 majority.
2. First Appeal
- Year: 2006
- Court: Court of Appeal (Criminal Division)
- Outcome: Appeal dismissed.
3. CCRC Applications
- 2009: First application to the Criminal Cases Review Commission (CCRC) — refused.
- 2018: Second application (with APPEAL charity) — also refused.
4. Final Appeal (the one that quashed the conviction)
- Court: Court of Appeal, Criminal Division (Royal Courts of Justice, London)
- Hearing: 26 July 2023
- Outcome: Conviction quashed.

A later report looked at how the CCRC failed him.