Monthly Archives: July 2012

No CCRC for South Australia but new statutory right of appeal for certain qualifying offences

On the 18th July 2012 the South Australian Legislative Review Committee on the CCRC Bill Reported that it would not be recommending that a CCRC-style body be established in South Australia. Instead, of the seven recomendations, Recommendation 3 was for a new statutory right for certain qualifying offences to provide that a person may be allowed at any time to appeal against a conviction for serious offences if the court is satisfied that:

 the conviction is tainted;

 where there is fresh and compelling evidence in relation to the offence which may cast reasonable doubt on the guilt of the convicted person.

Recommendation 5 was that the Attorney-General considers establishing a Forensic Science Review Panel to enable the testing or re-testing of forensic evidence which may cast reasonable doubt on the guilt of a convicted person, and for these results to be referred to the Court of Criminal Appeal.

Dr Michael Naughton consulted to the review.

Click here for the Full Report.