The Court of Appeal is not able to make findings of fact. The ability for example to examine an officer to assist the court in deciding whether the original verdict was based upon ignorance or otherwise of material facts, should be used only carefully, and not extended to include the making of findings of fact. Twitchell had been convicted in 1982. The Criminal Cases Review Commission referred his appeal to this Court in January 1998. The catalyst was a successful civil action brought by another man Treadaway against the police. It was in April 1994 that Treadaway established in his civil proceedings that one or more of the same officers had acted discreditably in dealing with Treadaway in 1982. In other words, the officers had misbehaved in their dealings with Treadaway at about the same time as the investigation into Twitchell but hard evidence in the form of the outcome of Treadaway’s civil action did not become available for a further twelve years.
Citations:
Times 10-Nov-1999, [2000] 1 Cr App R 373
Jurisdiction:
England and Wales
Cited by:
Cited – Deans, Regina v CACD 30-Jul-2004
In 1989 the defendant was convicted of assorted serious drugs crimes. His case came before the court once more but on the basis that the evidence against him had been fabricated by police officers who had subsequently been discredited.
Held: . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 25 October 2022; Ref: scu.85594
