The CCRC, “joint enterprise” and the judgment in the case of Ameen Jogee.
The CCRC is fully aware of the Supreme Court judgment in the case of Ameen Jogee. The Supreme Court’s decision may have a significant impact on the number of applications received by the CCRC, but the specific nature of the judgment in Jogee means that the decision will affect other cases only in certain very specific circumstances.
The number of cases that end up back at the Court of Appeal will very much depend on matters such as how the individual circumstances of cases relate to the facts in Jogee and on how the attitude of the Court of Appeal develops in relation to Jogee-type cases.
It is impossible to assess how many cases the CCRC may have to consider as a result of the judgment. We will be taking the Jogee decision into account in relation to all of the relevant applications under consideration at the time of the judgment on 18th February 2016. We also expect to receive a number of re-applications from former applicants who now think that the decision in Jogee may affect their cases. There are likely to also be some people who have lost appeals against conviction and may now wish to apply to the CCRC in light of Jogee.
The situation for anyone who has not already exhausted their normal rights of appeal, but who thinks that the decision in Jogee might affect their own case, is that they will need to apply for leave to appeal to the Court of Appeal Criminal Division by using a form NG in the usual way. The form NG and guidance on how to appeal can be found at www.gov.uk/appeal-against-sentence-conviction/crown-court-verdict
The Supreme Court Judgment in the case of Jogee is available on line here www.supremecourt.uk/cases/uksc-2015-0015.html