Investigate and review

Investigating and reviewing a case means taking an independent and detailed look at whether somthing may have gone wrong in a criminal conviction or sentence.

Our role is to asses whether there is a risk that a miscarriage of justice may have occured. We also assess whether the case meets the legal threshold to be referred back to the appeal courts.

What we look at when reviewing a case

Every case is different. When we review a case, we may may look at:

• important evidence was missed, misunderstood, or unavailable at the time
• new evidence or information has come to light since the conviction or sentence
• legal or process errors that may have affected the outcome of the case
• changes in the law, science, or forensic practice are relevant

We consider this information carefully, before making any decisions.

What decisions we can make

We can:

• investigate and review criminal convictions and sentences
• refer a case back to the appeal courts for reconsideration

We cannot:

• overturn convictions or sentences ourselves
• decide guilt or innocence
• act as a legal representative for applicants

If a case is referred, the appeal court decides what happens next.

Learning from cases

Our main role is to investigate and review individual cases. 

Looking across our work can also help identify patterns that may increase the risk of miscarriages of justice. This learning helps inform our work on systemic issues and improving fairness in the justice system.