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The interests of justice test

The single test for allowing an appeal against conviction is whether the conviction is unsafe. If the grounds of appeal submitted refer to fresh evidence which was not adduced at trial, the same test applies.

Under section 23 of the Criminal Appeal Act 1968 (CAA 1968), the Court of Appeal has the power to admit fresh evidence if it is deemed necessary or expedient in the interests of justice.

This applies to appeals against conviction, appeals against sentence and references to the Court of Appeal by the Home Secretary. These powers extend to hearings of Applications for leave to appeal as well as the appeal itself or an appeal against the findings of a Newton Hearing.

CAA 1968, s 23 only comes into operation if a right to appeal under CAA 1968, s 1 exists. Once the Court of Appeal has dismissed an appeal against conviction under CAA 1968, s 1, the court has no jurisdiction to hear a subsequent application for leave to appeal, even where the applicant seeks