CCRC Research Project: Northern Ireland Non Troubles Related Cases

Introduction

  • This specification sets out the requirements for a suitably qualified and experienced researcher to undertake qualitative and/or quantitative research to explore the views and experiences of those who believe that they are victims of miscarriages of justice of non-troubles related cases within the legal jurisdiction of Northern Ireland (NI).
  • The study may include interviews with convicted persons, representatives, campaigners and other professionals connected with the NI criminal justice system.
  • This project will help to inform future decisions on how the CCRC can improve the spread and volume of applications from NI from those convicted of non-troubles related offences.
  • This project is intended to form part of a wider process of evaluation of the CCRC’s approach to raising awareness of its role, enabling access, recognising diversity and responding to the needs of individuals and minority groups.

Background

Since inception, the CCRC has made 42 references to the Northern Ireland Appellate Courts. These are primarily related to the period from the 1970s to the mid-1990s (The Troubles). This represents 7% of the CCRC’s 599 references. The quashing rate for these convictions is approximately 93%, running higher than the equivalent rate in EnglandWales (E&W), which is 69%.[1] There are some academic studies and commentaries on the CCRC’s work generally but nothing specifically on the aspects of the CCRC’s work relating to NI.

The CCRC is conscious that the spread of applications is relatively narrow in terms of the time of the index offences, their context and the socio-ethnic background of the applicants. A high proportion of applicants are represented by a small number of legal firms.

The CCRC has more recently become aware of differences in the treatment of those prisoners in NI who are making an application to the CCRC and those who accept responsibility. It appears that those making applications to the CCRC may be refused ‘enhanced status’ by the authorities and therefore lose the corresponding privileges. The position used to be similar with those prisoners pursuing appeals, but it is understood that following litigation, the NI Court ruled that such a practice was not lawful, it being unfair to penalise an inmate for exercising a legal right. The position with CCRC applications appears to be subject to a live challenge and may influence application levels. Details of the outcome of any relevant cases will be provided once available.

The CCRC has been provided with some data on conviction rates by gender and offence from the Northern Ireland Statistics and Research Agency (NISRA) which can be provided on request (although datasets are not distinguished regarding whether convictions are troubles related). The Northern Ireland Prison Service also have prison population bulletins which are updated quarterly (see which may provide a useful contextual basis for this project.

Research Questions

The project may therefore usefully consider any (or all) of the following:

  1. Why the CCRC receives relatively few applications for convictions that are not related to the Troubles. Of the 43 references made to NI, it is believed that approximately 90% are Troubles cases. Approximately 2% of applications come from NI.
  1. The nature of the NI references by the CCRC and corresponding judicial decisions.
  1. Whether there are any specific implications for the NI Criminal justice system.
  1. Why the CCRC receives relatively few sentence only applications from NI (typically 15% of the applications from E&W concern sentence and a similar proportion are referred). The NI figure is thought to be at or close to 0%.
  1. Why the CCRC has only received one application from NI for a summary conviction.[2] (approximately 10% of the applications from E&W involve summary convictions).
  1. Why the CCRC receives relatively few applications from female offenders in NI. Female applicants constitute approximately 7% of the CCRC’s intake. With reference to the NI cohort of applications, the proportion of females is estimated as less than 2%.
  1. Why the CCRC receives relatively few applications from recently convicted young offenders (people aged 25 and under) in NI. In the financial year 2014/15, 9.2% of total applications were from young offenders. A meaningful NI figure is problematic to as most NI applications relate to the Troubles when the applicants were young offenders. The wider concern is that current population of young offenders may be under-represented.

The CCRC is open to considering any other suggestions that may link to the above.

Limiting factors may include:

  1. Lack of awareness amongst the legal practitioners, judiciary, the prison population and support groups concerning the CCRC’s role, resources and powers.
  1. Attitudinal issues and perceptions of the CCRC as a state-created body.

Aims and Objectives of the Research Project

The primary aim is to improve awareness, accessibility and experience of those entitled to apply to the CCRC and with a view to:

  1. Increasing the quantity of applications from those convicted of non-troubles related cases in NI.
  1. Increasing the diversity of applications from NI.
  1. Understanding if there are inhibitors to applications from those convicted of non-troubles related offences in NI and if so, identifying what action can be taken to reduce them.
  1. Making it easier for vulnerable applicants in NI to apply to the CCRC including suggestions as to where publicity and communication might be better targeted.
  1. Reporting on any specific learning points for the NI criminal justice system to relevant public bodies and agencies where appropriate

Ethical Issues

There are a number of ethical issues associated with recruiting and interviewing convicted persons (who may also be vulnerable) about their experiences in court. For example, the challenges in obtaining informed consent from those with mental/physical impairments, ensuring that data collection instruments are accessible to these groups and do not cause distress, and ensuring that they receive appropriate levels of support.

The CCRC will exclude any detailed consideration of sensitive data relating to Troubles cases.

Funding

The CCRC is not in a position to offer any funding. However, the CCRC can offer access to data, relevant contact details, support for funding applications if appropriate, and publication of resulting theses/reports/papers on its website and, where appropriate, reference to relevant findings in its annual report. The CCRC will also report any relevant findings to the appropriate public bodies and agencies as part of its remit to disseminate such information to key stakeholders to improve the Criminal Justice System to prevent miscarriages of justice.

Literature

Don’t mention the War: The Court of Appeal, the Criminal Cases Review Commission and Dealing with the Past in Northern Ireland. Quirk, H. (2013) 76(6) Modern Law Review 949-980

Deadline for submissions

The deadline for submissions is 31st August 2016 to allow researchers time to make funding enquiries where necessary. Interested researchers are encouraged to contact the CCRC to discuss possible proposals for this research call and for details of the CCRC’s research process requirements for outline proposals and full proposals.

Please send enquiries .

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3 b) i) #1791793

[1] Figures are based on CCRC data as of 6 October 2015.

[2]CCRC Ref 745/08 (Wilful interference with the comfort and convenience of passengers in contravention of a bye law of the Transport Undertaking pursuant to s.57 of the Transport Act (Northern Ireland) 1967).