Legal explainers
Legal explainers
Plain-English legal explainers covering the procedural and substantive legal concepts engaged by the Letby case. Each page links to the comprehensive source-linked material on this site.
The CCRC 'real possibility' test
What 'real possibility' means under s.13 of the Criminal Appeal Act 1995, and how the CCRC applies it to applications like the Letby application (received 3 February 2025; publicly announced 4 February).
What 'unsafe conviction' means
What the Court of Appeal Criminal Division means by 'unsafe' under s.2 of the Criminal Appeal Act 1968, and how it applies on a CCRC referral.
Fresh evidence in criminal appeals
How the Court of Appeal admits fresh evidence under s.23 of the Criminal Appeal Act 1968, and what counts as fresh evidence in the Letby case.
What the Court of Appeal can and cannot do
The Court of Appeal's jurisdiction in criminal cases — and what 'overturn', 'retrial' and 'acquittal' mean in practice.
What happens after a CCRC referral
Procedural walk-through of what happens if the CCRC refers a case back to the Court of Appeal, from listing to judgment.
Appeal vs retrial — what's the difference?
Plain-English distinction between an appeal (Court of Appeal review on the existing record + fresh evidence) and a retrial (a new jury, new trial).
Public inquiry vs criminal appeal — what's the difference?
Why the Thirlwall Inquiry cannot overturn convictions, and what its findings can and cannot do.
The Cannings principle
What the Cannings principle (2004) says about prosecuting cases where reputable experts seriously disagree, and how it applies to the Letby case.
Expert-evidence duties in criminal cases
What duties expert witnesses owe under Criminal Procedure Rules Part 19, and what this means in cases where expert evidence drives the prosecution.
Jury verdicts and appellate review
How appellate review interacts with jury verdicts: deference to the jury, and the safety threshold on appeal.