If there was clear evidence then the CCRC would probably not need to be involved; its job is more to look at cases that have exhausted the normal appeal route but where reasons have emerged to call the conviction into question. In your scenario, it sounds as if there would no longer be any question
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Thank you this is great. Searching on "leave to appeal out of time" brought up the official Ministry of Justice handbook on How to Appeal, which might be useful for other people looking for information on this.
So to confirm then: the application for leave to appeal on the grounds of new evidence plus for bail goes to a single judge who considers the application (there's no hearing), they will, in this case, grant leave, the Criminal Appeal Office is notified, and it's the CAO who inform CPS and arrange for the case to be listed for hearing, then it goes to a hearing at the CA which is three judges. So if CPS once notifed by the CAO indicate they will not oppose the appeal that's when CAO could potentially find an earlier listing.
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So to confirm then: the application for leave to appeal on the grounds of new evidence plus for bail goes to a single judge who considers the application (there's no hearing), they will, in this case, grant leave, the Criminal Appeal Office is notified, and it's the CAO who inform CPS and arrange for the case to be listed for hearing, then it goes to a hearing at the CA which is three judges. So if CPS once notifed by the CAO indicate they will not oppose the appeal that's when CAO could potentially find an earlier listing.
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http://truthinjustice.org/capozzi2.htm
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