Why it matters in the Letby case
Referral is not release. The procedural path from referral to outcome takes months and depends on the volume of new evidence.
Legal explainer
What happens after a CCRC referral
A CCRC referral triggers a fresh hearing before the Court of Appeal Criminal Division. The Court hears the new evidence, applies the unsafe-conviction test under s.2 of the Criminal Appeal Act 1968, and may quash, order a retrial, or uphold.
Legal explanation1Court/official
Last updated
Prosecution position
Unless and until a court rules otherwise, the convictions stand and Letby remains subject to fifteen whole-life orders.
Expert challenge / post-conviction reading
The applicant's case is that a referral would put the post-conviction expert material before the Court of Appeal for the first time.
What remains uncertain
Referral is not release, and the path from referral to outcome takes months and depends on the volume of new evidence. Nothing about the timetable is published in advance.
Common questions
What happens immediately after a referral?
The case goes to the Court of Appeal Criminal Division for a fresh hearing. It is treated as an appeal, and the Court applies the unsafe-conviction test under section 2 of the Criminal Appeal Act 1968.
Does a referral mean release?
No. The conviction stands unless and until the Court quashes it.
How long does it take?
Months rather than weeks, and longer where the volume of new expert evidence is large. No timetable is published in advance.
What are the possible outcomes?
The Court may quash the conviction, quash it and order a retrial, or uphold it.
Related reading
Found an error or missing source? Send a correction with the page URL and supporting source.