The CCRC investigates potential miscarriages of justice in England, Wales and Northern Ireland. Last year, the body referred 25 cases, including the first referral of a joint enterprise case in Northern Ireland.

The body can only make a referral where it considers there is a “real possibility” that the conviction would not be upheld, and the person in question has already been refused an appeal or leave to appeal.

However, a new paper published by the Law Commission of England and Wales is seeking views on possible changes to the “real possibility” test.

It suggests that the CCRC could instead make referrals where it believes there has been a “miscarriage of justice” (the Scottish model) or where it is in the “interests of justice” (the New Zealand model).

The 166-page paper seeks views on a number of issues relating to criminal appeals in England and Wales, but any change to the CCRC test would also affect Northern Ireland, which no longer has a Law Commission of its own.

The Law Commission encourages responses from anyone with experience of, or expertise in, the criminal appeals process by 31 October 2023.