Don't Mention the War: The Court of Appeal, the Criminal Cases Review Commission and Dealing with the Past in Northern Ireland. Issue 6 (1st November 2013)

• Record Type: Journal Article
• Authors: Quirk, Hannah
• Is Part Of: Modern law review. Volume 76:Issue 6(2013)
• Page Start: 949
• Page End: 980
• Publication Date: 2013-11-01
• Subjects: Criminal Cases Review Commission -- Northern Ireland Court of Appeal -- Transitional Justice -- Truth‐recovery -- Miscarriages of Justice; Law -- Great Britain -- Periodicals; 340
• DOI: 10.1111/1468-2230.12044
• Languages: English
• ISSNs: 0026-7961

Abstract

Abstract : Despite the vast transitional justice scholarship relating to prisoner release, amnesties and prosecutions when conflicts end, there is a significant gap in practice and academic literature regarding wrongful convictions. Uniquely amongst post‐conflict societies, Northern Ireland has a body for investigating miscarriages of justice, albeit one designed for 'ordinary' appeals. In the absence of a formal truth‐recovery process, criminal appeals are becoming a proxy for addressing the role of the state during 'The Troubles, ' as well as remedying individual injustices. This article examines the approach of the Northern Ireland Court of Appeal during the conflict. It charts the developments in its decision‐making following the cease‐fires and the establishment of the Criminal Cases Review Commission. It concludes that the current system is unsatisfactory as it ignores the effects of the conflict on the appeal process and offers no insights into the role of the Court during the conflict. Alternative models are suggested.