The procedural route matters
Sally Clark’s 2003 acquittal came after a second direct appeal. Angela Cannings’ 2003 acquittal came after a second direct appeal. Donna Anthony’s 2005 acquittal is different: her case reached the Court of Appeal via a CCRC referral.
This is procedurally significant for the Letby case because the Letby application is also a CCRC referral, not a second appeal. The first Letby direct appeal was dismissed in May 2024 on the specific grounds then advanced. The CCRC route is therefore the surviving procedural option — and the Anthony case is the precedent for that route producing an acquittal on the Meadow-era framework.
The CCRC real-possibility test
Section 13 of the Criminal Appeal Act 1995 sets out the CCRC’s referral test: there must be a “real possibility” that the Court of Appeal would not uphold the conviction. The test is lower than probability. It exists to enable referral where new evidence exists that the original court did not have.
In Anthony, the CCRC found that the subsequent Clark and Cannings acquittals constituted a sufficient shift in the medical-evidence framework to meet the real-possibility test. Anthony’s conviction rested on the same framework those acquittals had discredited.
In Letby, the CCRC has the Shoo Lee Panel report, the Joint Insulin Report, the thirty-one-plus independent expert reports, the paediatric-pathology re-readings, the statistical critiques, and the Thirlwall Inquiry evidence. That is a much larger evidential shift than Anthony had.
What the Anthony CCRC referral establishes
Three load-bearing procedural principles follow from the Anthony CCRC referral:
- Subsequent expert-framework shifts can ground a CCRC referral.Anthony’s referral was grounded not in new evidence specific to her case but in the subsequent Clark and Cannings exposure of the underlying framework’s problems. The same principle applies to Letby: the Shoo Lee Panel and associated material exposes the framework on which the Letby conviction rests.
- First-appeal dismissal is not the end of the road. Anthony’s first appeal had been dismissed in 2000. The CCRC route remained open. Letby’s first appeal was dismissed in May 2024; the CCRC route is analogously open.
- A CCRC-referred case can be acquitted. Anthony was acquitted after her CCRC-referred hearing. Referral is not a formality; it can and does produce acquittals.
The expert-evidence base is stronger in Letby
The Anthony CCRC application was supported by the fact of the Clark and Cannings acquittals and the RSS post-Clark framework. It did not have the kind of sustained, institutionally-backed, internationally-signatured expert-consensus record now available to Letby. The Shoo Lee Panel alone is more extensive institutional evidence than Anthony’s entire application rested on.
This does not guarantee the outcome. It does mean that, on the procedural-evidence standard that produced the Anthony acquittal, the Letby application meets and exceeds the threshold.
The continuing personal cost
Both Sally Clark and Donna Anthony died within years of their respective acquittals — Clark in 2007 at 42, Anthony in 2010 at 36. The personal cost of a wrongful conviction served under a severe sentence is documented. The slow pace of the CCRC process is a structural feature of the system, not a judgment on the merits; but it has personal consequences. This is part of why the Letby application asks the CCRC to treat the case as a priority.