The Appellate System and Miscarriages of Justice

Abstract

Since all systems are fallible, the existence of mechanisms to review and rectify errors made is of central importance. Within the criminal justice process errors of the trial court may result in either a wrongful conviction or sentence. Access to an effective appeal process is required both to remedy errors and injustices and (it is hoped) to deter practices which lead to them. Beyond the injustice which may be suffered by individuals, wider damage to the integrity of the system may result from wrongful convictions; therefore, miscarriages must be rooted out and put right as quickly as possible. As Zander noted in his Dissent to the RCCJ report: ‘Where the integrity of the process is fatally flawed, the conviction should be quashed as an expression of the system’s repugnance at the methods used by those acting for the prosecution’ (RCCJ, 1993: 234).