Responding to Applicants’ Claims of Inadequate Defence

This chapter examines the Criminal Cases Review Commission's response to applicants' claims of inadequate defence or breaches of procedural rules by their legal representative at trial. It first considers the Commission's response to ‘typical’ applications, where the applicant accuses his/her defence solicitor or counsel of procedural irregularities or incompetence, before presenting a case study that illustrates how the Commission handles a particular category of wrongful conviction cases: refugees and asylum seekers who entered the UK illegally. These cases highlight the potential for a more reciprocal relationship between the Commission and its ‘decision field’ and ‘surround’, and most adopted a clear legal decision frame. The chapter also discusses the challenges in responding to claims of legal incompetence and concludes with an analysis of the Commission's proactive responses to inadequate defence and legal representation.